Елена Самтынова
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В Госдуму поступил законопроект № 921898-7 «О внесении изменения в статью 29 Федерального закона «О государственной регистрации недвижимости», направленный на установление срока, в течение которого правообладатель обязан подать заявление о государственной регистрации права на объект недвижимого имущества. Такой срок, по мнению авторов проекта1 закона, должен составлять не более одного года со дня возникновения оснований государственного кадастрового учета и государственной регистрации прав, установленных ст. 14 Федерального закона от 13 июля 2015 г. № 218-ФЗ «О государственной регистрации недвижимости».
Требование по соблюдению указанного срока предлагается не применять, если:
права на объект недвижимости возникают в силу закона по основаниям, предусмотренным Гражданским кодексом, независимо от его госрегистрации; права на объекты недвижимости признаются юридически действительными при отсутствии их государственной регистрации в ЕГРН; государственной регистрации подлежат права на объекты незавершенного строительства.
Как отмечается в пояснительной записке к законопроекту, налог на имущество правообладателя при отсутствии госрегистрации прав на него не уплачивается, что приводит к значительным бюджетным потерям. Установление именно такого срока (не более одного года) для регистрации права на недвижимость обусловлено тем, что в ряде случаев основание возникновения прав влечет за собой необходимость проведения кадастровых работ и последующей подачи документов на осуществление государственного учета и регистрации прав, в том числе на земельный участок, на котором расположен объект недвижимости.
В каких случаях запись в ЕГРН об объекте недвижимости следует считать неправильной? Ответ – в «Энциклопедии судебной практики» в системе ГАРАНТ. Получите полный доступ на 3 дня бесплатно! Получить доступ
При этом в сфере отношений, направленных на обеспечение государственных и муниципальных нужд, проведение кадастровых работ осуществляется в соответствии с законодательством о закупках в установленные для этого сроки. Целесообразным представляется указанный срок и для госрегистрации права на недвижимость, правообладателем которой является физлицо. Ожидается, что в случае принятия закона ответственность за затягивание процесса государственной регистрации недвижимости будет осуществляться на основании ст. 19.21 КоАП.
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1 С текстом законопроекта № 921898-7 «О внесении изменения в статью 29 Федерального закона «О государственной регистрации недвижимости» (в части установления срока, в течении которого правообладатель обязан подать заявление о государственной регистрации права на объект недвижимого имущества)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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