Who Are You: the owner, or just right do you have?

One of the most pressing and urgent issues for many Russian citizens still remains housing. Based on the realities of today, the most economically attractive to purchasers of housing are apartments in buildings-buildings. This trend is easily explained by the fact that buying an apartment in a newly built house at a relatively reasonable prices at times the only opportunity for citizens to improve their living conditions. However, getting the keys to the apartment cherished, as well as living in it, does not make such a purchaser of housing by its owner legally, and therefore does not exclude the possibility of attacks on cherished living space by a third party. There are cases when one and the same apartment claiming two or more persons as unscrupulous investor-developer for the apartment has concluded agreements with several investors / depositors. In accordance with Art. 219 of the Civil Code the ownership of real estate (apartments, parking space, etc.) arise from the moment of state registration of rights in the organs of the state registration of rights to immovable property. In Moscow, such a body is the Office of the Federal Service for State Registration, Cadastre, and Cartography in Moscow. However, the factual circumstances evidencing title to real property of a citizen: living in an apartment, its repairs, payment of utility bills, yet not make him a citizen belonging to the rightful owner of real property. To implement this law, it must be a citizen legally, that is, in accordance with Art. 219 of the Civil Code the ownership of real property subject to state registration in accordance with the law. It is also important to note that only the state registration of ownership of the apartment provides citizens an opportunity to realize the rights granted to the owner of real property law, namely to carry out the transaction for the disposal of the property (sale, donation), donate to the specified property for rent, etc. For many Russian citizens are also of great importance residence registration (before - registration), which can be carried out only after the state registration of ownership of an apartment and obtain a certificate of such registration. Unfortunately, many people who buy homes in housing, buildings, have been slow to draw on his property rights in the manner prescribed by law, relying on the goodwill of developers who, for various reasons, can not record over the years apartment property in bona fide purchasers, which, of course, restrict the right of the last use and disposal of real property. The reasons for this "slowness" of developers, as a rule, is the lack of an appropriate set of documents required for registration of ownership of real estate owners. Before the registration of ownership of real estate in-built house would be possible, the developer must submit to the authority carrying out state registration of rights, a certain set of documents which can not always muster. It is not uncommon because of bureaucratic delays associated with obtaining the developer of any required documents, the procedure of registration of property rights acquired by citizens in the apartment may take several years (!). Another reason for avoiding the builder of the actual registration of the rights of apartment owners in the prescribed manner is the desire to obtain an additional source of income. The practice shows that many companies are charging developers with civil rights-holders of various "additional charges" for taking action on the registration of ownership of the apartments of those citizens that these companies and so have to make due with the citizen inmate of the investment agreement. To protect the violated rights holder of real estate in accordance with Art. 12 of the Civil Code (Civil Code) may apply to the court for recognition of property rights belonging to him in real estate (apartments, parking space). In such cases as the defendant involved a company-builder. However, often the actual owners of the apartment for any reason to avoid recourse to the courts for recognition of ownership of real estate belonging to them, preferring collective complaints and appeals to various authorities: prosecutors, police, local authorities. This kind of practice is in fact inefficient because of the actions of companies, developers are no signs of criminal activity, and these authorities are not entitled to compel contractors to carry out state registration of property rights acquired by citizens at home. The only competent authority in this situation is the court, which resolves all these issues in the procedure of action proceedings This court can protect the rights of the investor by a decision recognizing the right of property belonging to him in real estate. And only after receipt of the decision of the court, the citizen will be able to register ownership of an apartment or other real estate in the registering body in accordance with the provisions of the Federal Law "On state registration of real estate and transactions with them." According to this law, one of the reasons the registration of the right, is just the decision of the court. The average registration of ownership of an apartment pursuant to a court takes about 3 months. At the same time the state registration of ownership of the property by the registering body in accordance with the law is 30 days, but in Moscow it is generally shortened to 14 days. After this period a citizen receives a certificate of state registration of ownership of immovable property belonging to him. From the above you can make one conclude that only the state registration of ownership of the apartment becomes a citizen of its rightful owner. Before this time a citizen has a right to receive it, he needs more to implement. In this case, the holder should understand that his right to the apartment is only assumed and can be implemented only after its state registration. It is not excluded that this citizen's right to an apartment they purchased may be questioned by other persons, including in court.