The professional publication Economics and Life has featured a commentary by Yunona Friedman, a Senior Consultant in General Practice at Alliance Legal Consulting Group.
Rosreestr is clarifying the circumstances under which an application package will be returned without review due to an incorrectly paid government fee. It also outlines situations where, despite a calculation error, the documents will still be accepted and processed.
Your application will be rejected without review in all of the following cases:
- The applicant submitted documents for both cadastral registration and registration of rights but only paid the fee for one of these two procedures, resulting in an underpayment.
- The applicant paid a fee of 22,000 rubles for the registration of title, economic management rights, or an encumbrance, a fee amount that is no longer valid as of January 1, 2025, under the revised tax code.
- A company (legal entity) paid the fee designated for an individual.
- The applicant paid the fee for a different type of registration; for example, paying the mortgage registration fee instead of the title registration fee.
- The applicant paid the fee corresponding to a different type of property. For instance, they intended to register title to a premises within a building but paid the fee applicable to a land plot.
- The applicant incorrectly calculated the fee based on the property’s cadastral value or used an outdated cadastral value for the calculation.
When returning documents, the registrar is required to specify the correct government fee for the applicant’s registration procedure.
The registrar will accept and process the documents in the following cases:
- If the applicant overpaid the government fee for the registration procedure. In this case, the excess amount will be refunded.
- If the applicant paid the fee for cadastral registration, registration of rights, or both for a land plot designated for personal subsidiary farming, gardening, horticulture, individual garage or housing construction, or establishing a peasant farm, but the official “type of permitted use” for that plot differs from the wording in the tax code. In other words, if the plot is intended for one of the listed purposes but there is a naming discrepancy, the fee is considered correctly paid.
This information is primarily intended for employees of multifunctional centers (MFCs). It is expected that they will assist applicants by informing them of the potential risks of having documents returned due to incorrect fee payment, thereby reducing such instances.
It remains unclear how this will affect legal entities that have transitioned to digital-only interaction with Rosreestr since March of this year and now submit all documents for cadastral registration and rights registration electronically.