How will the closure of information from the real estate register affect the Russians?

Closing data from the real estate registry (EGRN) may provoke an increase in cases of fraud — so do the representatives of the business community. “Izvestia” got acquainted with the letters of realtors and other real estate experts to the government and the Ministry of Construction. 

What is the EGRN and how is it useful for Russians? 

EGRN — an official database that stores all information about registered real estate in Russia: addresses, cadastral numbers, dates of emergence of rights to real estate, information about owners, etc. & nbsp;

For more than 20 years, since the beginning of the use of the registry, any resident of Russia can obtain a certificate of any real estate object — an extract from the USRN with all the necessary information about the building or land, its owners and the restrictions imposed. You can get a document both during a personal visit to the MFC, and through the State Services portal, the websites of Rosreestr or the Federal Cadastral Chamber. 

The main advantage of the open registry — the possibility of checking the "purity" real estate before the transaction. For example, by choosing an apartment from the secondary fund, it was possible to request an extract from the register and find out who actually owns it, whether there is one owner or several, whether this property can be sold at all or whether it has been seized or other encumbrances. 

Public information can only be used until March 1, 2023 — from this day on, information from the register will become closed.

Why was the USRN data closed? 

In July, the State Duma approved amendments to the law on personal data and classified information from the USRN — the law amending was signed by the President and published. From March 1, 2023, it will be possible to obtain an extract from the Unified State Register of Real Estate for any person only if the owner of the property has consented to this, or upon a notary request. 

One of the initiators of the innovations, State Duma deputy Alexander Yushchenko,explained that such measures will help combat the leakage of personal data. According to Rosreestr, the fact that anyone can receive data from the USRN worries citizens, especially pensioners and those who live alone. Representatives of the Level group law firm believe that the amendments are designed to especially protect specific categories of citizens — law enforcement and military personnel.

What risks does the closure of the USRN provoke? 

President of the Russian Guild of Realtors (RGR) Irina Zyryanovain an interview with Izvestia stated that the unified register of information — an open data set that has been available to all real estate parties since its inception, but proposed amendments will preclude the use of this information.

Representatives of the federal company “Etazhi”, criticizing the amendments to the law on personal data, indicated that the closure of the registry may lead to an increase in the number of cases of fraud in the sale of “secondary” — checking the purity of the counterparty for ordinary citizens will become much more difficult. “It will become easier for swindlers to deceive gullible citizens by pretending to be the owner, receiving a deposit and disappearing with the money, — told Izvestia Deputy Director of the Federal Company “Etazhi” Tatiana Akhmetdinova.

Susanna Kirakosyan, a member of the Chamber of Commerce and Industry Committee on Entrepreneurship in the Housing and Public Utilities Sector, saw risks for the notaries themselves in the new procedure for requesting information from the USRN through a notary. The expert explained that notaries will have to evaluate the reasons for requesting such information — evaluation criteria are not defined, and many contracts can be drawn up “on the knee”.

How will the closure of the USRN affect the work of management companies and homeowners associations?

If a direct agreement is concluded between the resource supplying organization (RSO) and the management company or HOA, the managing organization must provide the RSO with information about the owners in apartment buildings (clause 1, part 11, article 161 of the Housing Code of the Russian Federation and clause 6 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings).

According to the Association of Real Estate Service Companies, sent to the Ministry of Construction, the introduction of new rules for obtaining information from the USRN makes it impossible to obtain up-to-date information about owners. This, in turn, according to Kirakosyan, jeopardizes the holding of general meetings and work with residents who have debts for housing and communal services. 

What do they propose to change? 

According to Izvestia, the expert community proposed three important, in their opinion, adjustments:

• limiting access to topics  EGRN information related to military and police data, at the request of the right holders themselves;
• providing open access to the database of real estate rights for the professional real estate community;
• participation in organizing meetings of homeowners in multi-apartment houses of representatives of notary offices — according to the initiators, this will protect the personal data of the owners and avoid falsification of protocols.

Sources: 

https://iz. ru/1377194/mariia-perevoshchikova-liubov-lezhneva-roman-kretcul/dannykh-moment-biznes-uvidel-riski-moshennichestva-s-zhilem-iz-za-zakrytiia-egrn

https://roskvartal.ru/zaschita-v-sudah/13285-pryamoy-dogovor-vprave-li-rso-trebovat-ot-uo-dannye-zhiteley-doma

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