November 29 Main results of the day

The First Cassation Court of General Jurisdiction left unchanged the judicial acts by which the lower courts obliged the Moscow Rosreestr Office to carry out state registration of ownership of the reconstructed apartment with an attic for its buyer. For three years, the Department refused to carry out state registration of the rights of the buyer of the apartment due to failure to provide permitting documentation for the additionally built-on attic. This problem arose due to the fact that when purchasing the apartment, the former owner did not complete the procedure for state rights to the additionally built-on attic. All unfinished questions and problems fell on the shoulders of the new buyer of the apartment. When the registers of the State Real Estate Cadaster and the Unified State Register of Rights to Real Estate were merged in 2017, the registration information regarding real estate was not properly transferred by the registrar to the Unified State Register of Real Estate. In this case, the lawyers of the Bureau of Lawyers “De jure” again confirmed the long-established position in judicial practice that the registrar does not have the right in such a situation to impose the provision of additional documentation on the buyer of real estate, since these actions are the direct duties of the registrar in the form of requesting documents from the competent authorities in the order of interdepartmental interaction. The interests of the Principal were represented by Sergey Bibikov, Senior lawyer of the Bureau of Lawyers “De jure”.