Federal Law No. 218-FZ on the State Registration of Immovable Property of July 13, 2015

The Law creates a unified system of inventory and registration, combining cadastral registration of immovable property and state registration of rights to immovable property, and provides for combining the EGRP and the GKN into the Unified State Register of Immovable Property (EGRN).

The Law sets forth cases where properties can undergo cadastral registration and the state registration of rights simultaneously and separately, procedural rules for performing cadastral registration and state registration of rights to immovable property, clarifies the timeframe for cadastral registration (five business days), the timeframe for simultaneous cadastral registration and state registration of rights (10 business days), the timeframe for state registration of rights (seven business days), and abolishes the issuance of the certificate of state registration of title (according to the new rules, cadastral registration and state registration of rights will be confirmed only by an extract from the EGRN). At the same time, the Law also expands the list of grounds for suspending cadastral registration and state registration, and also sets forth rules for entering information in the EGRN through interagency information exchange, i.e., without the title holder’s participation.

The law has enshrined the stance of Rosreestr (the Federal Service for State Registration, Cadastre and Cartography) on the pressing practical issue of registering lease agreements for a part of a thing and has said that it is impossible to register a lease absent cadastral registration of the leased part of a thing. We note that this approach is at odds with the case law developed by the RF Supreme Commercial (Arbitrazh) Court. Based on the new rules, the state cadastral registration of a part of premises will occur simultaneously with the registration of the lease of part of the premises.

The Law enters into force on January 1, 2017, with the exception of certain provisions.