Municipal property prohibition of registration actions. Prohibition on registration of real estate: procedure for filing a petition, lifting the ban, legal advice. How to protect yourself from scammers

Such an approach violates the rights and legitimate interests of debtors, since a prohibition on a debtor to perform certain actions is lawful only if it is applied on the basis of an appropriate judicial act, and not on an arbitrary decision of a bailiff. This statement follows from the content of the law. Neither Law No. 229-FZ, nor others federal laws do not contain the powers of the bailiff to issue orders prohibiting the performance of any actions as a separate procedural action. Exceptional cases when a ban on carrying out registration actions with real estate is not considered illegal Since a ban on carrying out registration actions with the debtor's real estate limits the rights of the owner to alienate it, such a ban can be applied only in exceptional cases.

Prohibition on registration of real estate

Arrest on registration actions is a restrictive measure used against debtors or violators. Its effectiveness is due to the fact that the ban on registration, and as a result, the impossibility of carrying out various transactions, encourages the elimination of the violation that caused the arrest. What does it mean? Seizure on the registration of a car means that neither the car nor real estate, for example, an apartment or a country house, can be sold, bought, exchanged or donated.

Attention

All of the above transactions can be carried out only after the ban is lifted. To do this, you will need to follow a certain procedure established by law, which will be described below. Who imposes restrictions? The law provides for a range of government agencies that have the right to seize property.

Seizure on registration actions with property

Thank you, installment execution of a court decision, deferment of execution of a court decision, ban on car registration, ban on registration actions, appeal of a court decision, deadlines for execution of a court decision, ban on action with an apartment Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try to look Here:

Is it possible to impose a registration ban on a spouse’s car?
Is it possible to drive a car if there is a registration ban on it?

Lawyers' answers (5)

All legal services in Moscow Debt collection writ of execution Moscow from 7500 rub. Drawing up a claim for the release of property from seizure Moscow from 3000 rubles.

Real estate transactions during enforcement proceedings

The opposite approach is common when the courts recognize the executive action in question as lawful (see, for example, the ruling of the Leningrad Regional Court dated March 6, 2015 No. 33-1091/2014, the ruling of the Moscow City Court dated December 12, 2014 No. 4g/8-11300, the ruling of the Chelyabinsk Regional Court court dated December 23, 2014 No. 11-13314/2014, ruling of the Vologda Regional Court dated February 25, 2015 No. 33-957/2015). These court decisions note that a ban on registration actions cannot be considered as a foreclosure on the debtor’s only property. The courts consider such a ban as an interim measure aimed at preserving property.

In this case, the rights of the debtor are not violated, since the property is not confiscated and the debtor is not deprived of the right to reside in the apartment.
If a ban on registration actions does not give the right to register the transfer of rights in Rosreestr, then arrest is a broader concept. The bailiff, in the event of a seizure, has the right not only to prohibit the debtor from disposing of the property, but also from using it.

The presence of property as collateral. A typical example: a mortgage. This encumbrance is registered in Rosreestr at the moment when the loan agreement is concluded.
It is important to know that it is possible to foreclose on a mortgaged property, even if it is the debtor’s only home.

In other cases, alienation of real estate is not prohibited. The task of the bailiffs is to promptly identify real estate owned by the debtor and take measures to ensure that the debtor does not make transactions with his property.
When a ban on taking actions to register a property is not provided for by law. Seizure of the debtor's property includes a ban on disposing of property, and, if necessary, restriction of the right to use or seizure of property (Part 4 of Article 80 of Law No. 229-FZ). The type, volume and period of restriction of the right to use property is determined by the bailiff in each case, taking into account the properties of the property, its significance for the owner or possessor, the nature of its use and other factors. Restrictions on the right to use real estate also include a prohibition on performing registration actions in relation to it. Thus, this measure is not directly provided for either by Law No. 229-FZ or by a separate federal law.

Imposition by a bailiff of a ban on registration actions with real estate

These include:

courts;
investigative services;
Traffic police (if the measure applies to vehicles);
customs;
other bodies provided for by current legislation.

Thus, courts often resort to this measure if a dispute develops about the ownership of a car to one or another owner. This is done in order to prevent the possibility of alienation vehicle before a final decision is made. A lien can be used when pledging a car to enforce a property claim.

Customs may impose a ban if there is reasonable suspicion of a violation of the law during customs clearance of a car imported from abroad. Another body that may impose restrictions is the service social protection.
Such portals may be the bailiff service, the traffic police (if a restriction is imposed on the car), or the website of the customs authorities. To obtain information, you need to know the vehicle registration number, VIN code, and in some cases, the make or model of the car.

You can obtain information by visiting the mentioned government agencies, but for this you will need to create a request. In addition, the answer will not be received immediately, as is the case with official sites, but only after a certain period of time.

Usually this takes from 5 days.

Documents To lift the arrest, you will need to prepare a small package of documents:

A photocopy of the civil passport of the debtor or violator.
Technical documentation for transport, passport for the car.
A document confirming the absence of debts (it must be issued by the authority that initiated the arrest).
An application drawn up in accordance with the rules.

Sample application If the car is under arrest for registration actions, then to lift the ban you will need to study a sample application. A sample application for lifting the arrest for registration actions is here. Differences between arrest and ban Citizens often confuse concepts such as “ban” and “arrest”.

It applies the ban in favor of persons under the age of majority. Restrictions may be introduced by the traffic police search units. What does the law say? All issues related to arrest are generally considered by Federal Law No. 229 “On enforcement proceedings».
Certain points are regulated in more detail by Order of the Ministry of Internal Affairs No. 1001 of 2008. Last regulatory legal act it is established that restrictions may be imposed on vehicles related to the prohibition of registration actions. It is known that they are carried out without fail when carrying out various transactions, for example, when buying or selling. Arrest on registration actions A bailiff has the right to impose a ban only if there is a court order to collect a certain debt from a person (for example, an unpaid fine).

Important

What happens? The debtor is obliged to pay some amount of money to the claimant. According to the Law “On Enforcement Proceedings”, bailiffs have the right to foreclose on property. In such a situation, it is very important to know the answer to next question: Is it possible to make real estate transactions in the presence of enforcement proceedings? General rule making transactions with real estate in the presence of enforcement proceedings Based on the Constitution of the Russian Federation and the Civil Code, we can say that the fact of the existence of a resolution on the initiation of enforcement proceedings does not in any way affect the rights of the owner.

He, in particular, can dispose of his property as he sees fit. The Law “On Enforcement Proceedings” and some other legislative acts establish some exceptions, indicating situations when it is impossible to complete a real estate transaction.

Updated 07/03/2019

2017-03-11T13:53:54+03:00

Prohibition on registration of real estate - what is it for? To ensure that another person does not have the opportunity to perform any actions with real estate without the owner’s knowledge. How can you protect yourself from unscrupulous participants in a transaction? What needs to be done to formalize the impossibility of registration actions with the apartment? Answers to all questions in the article.

Why is there a ban on registration actions with an apartment? Real estate transactions are completed more often than others. And during their execution, it is very important to be sure that you, as a participant, will not be deceived. Unfortunately, the percentage of fraud in such transactions is growing every year. Therefore, if you decide to sell your own living space, you need to take care of the safety of your square meters in advance so that they do not fall into the hands of a fraudster. Let's figure out how to protect ourselves from unscrupulous participants in the transaction?

(click to open)

Why make a ban on registration actions with an apartment?

It's possible:

in case of bankruptcy of the payer if the apartment is secured by a bank with a mortgage loan;
at the appropriate request of the bailiff who performs these actions in accordance with legislative norms.

The situations described above are legal. In other cases, a ban on performing registration actions with real estate will protect you as the owner in such transactions.

It is useful to know that you can register property online using , this will save you time.

How to apply for a ban on the sale of real estate

In order to prohibit third parties from performing any actions with your apartment, house or land plot, just contact one of the government organizations:

multifunctional center for the provision of services to the population (MFC);
Rosreestr;
branch of the Cadastral Chamber.

You must write and submit a statement to the selected structure prohibiting any registration actions with real estate of which you are the owner, without the personal presence of you or your representative. Lawyers advise indicating a clause on the mandatory personal presence of the owner.

Fact
In a situation with a possible representative, many loopholes open up for fraudsters to commit fraud.

Subscribe to the latest news

During enforcement proceedings bailiff announced a ban on registration actions to exclude from the Unified State Register a record of the debtor’s rights to his only apartment.

The debtor considered this enforcement action illegal, since the disputed apartment, as the only place of residence, is protected from penalties (paragraph 2, part 1, article 446 of the Code of Civil Procedure of the Russian Federation). The courts of two instances agreed with this (Obninsk City and Kaluga Regional Courts) and satisfied the applicant’s request to lift the ban (texts of judicial acts, unfortunately, are not available).

Let us note that there is no unanimity at the level of regional courts on this issue. The opposite approach is common when the courts recognize the executive action in question as lawful (see, for example, the ruling of the Leningrad Regional Court dated March 6, 2015 No. 33-1091/2014, the ruling of the Moscow City Court dated December 12, 2014 No. 4g/8-11300, the ruling of the Chelyabinsk Regional Court court dated December 23, 2014 No. 11-13314/2014, ruling of the Vologda Regional Court dated February 25, 2015 No. 33-957/2015).

These court decisions note that a ban on registration actions cannot be considered as a foreclosure on the debtor’s only property. The courts consider such a ban as an interim measure aimed at preserving property. In this case, the rights of the debtor are not violated, since the property is not confiscated and the debtor is not deprived of the right to reside in the apartment.

Similar arguments were voiced in the cassation appeal of the Federal Bailiff Service of Russia for the Kaluga Region. In addition, the bailiffs indicated that the purpose of the measure in question is to encourage the debtor to comply with the requirements of the writ of execution.

Judicial Collegium for Administrative Cases Supreme Court The Russian Federation (SC), by its ruling dated February 25, 2015 in case No. 85-KG14-9, recognized cassation appeal unreasonable.

The Supreme Court came to the conclusion that the ban on carrying out registration actions in relation to property means nothing more than its arrest (Part 4 of Article 80 of the Law on Enforcement Proceedings). The purpose of the seizure is to ensure the safety of property that is subject to transfer to the claimant or sale (Clause 1, Part 3, Article 80 of the Law on Enforcement Proceedings).

In the case under consideration, this goal is unattainable, because It is impossible to either transfer to the claimant or sell the debtor’s only apartment.

As for the stated goal of inducing the debtor to fulfill the requirements of the executive document (Part 1 of Article 64 of the Law on Enforcement Proceedings), it does not serve as the purpose of seizure.

“On the contrary, the establishment of such a ban unreasonably restricts the debtor’s rights to dispose of his property, which cannot be foreclosed on in accordance with civil procedural legislation...,” the Supreme Court noted. After all, the debtor can, for example, sell such property and use the proceeds to pay off the debt. Which, by the way, is what happened in the present case.

The most common state registration is a real estate transaction. To protect yourself from fraudulent activities, the term “prohibition” was introduced into the Legislation. What is a ban, why is it needed, how to apply through the MFC and other issues related to the security of real estate.

A transaction ban is the impossibility of registering real estate with government agencies without the personal participation of the owner. The property must be registered in the Unified State Register of Real Estate. Amendment to the law “On state registration of rights to real estate and transactions with it” is valid from October 1, 2013.

Protect yourself and your property from the following types of fraud:

registration of collateral or rental of your property by third parties;
termination of rights to own an object;
registration of the sale, donation or exchange of an object.

Please note that the above cases of fraud can occur in the following cases: loss of passport, certificate of title, long-term departure.

What does "ban" mean?

To impose a ban means not to allow any types of transactions with specific real estate without the presence of the owner of the object.

A ban is issued by filing an application with the relevant authority. The application (form submitted to the MFC) will become the basis for making changes to Rosreestr.

Important! After submitting the application, the registration authority will not consider applications for re-registration or alienation by third parties of the named object. Having a notarized power of attorney will not solve the problem.

Dear readers! Legal issues are often case-specific. You have a unique opportunity to consult with competent specialists who are ready to provide necessary help within 15 minutes. Submit your question in the form below. There are no unsolvable situations!

Procedure for submitting an application to the MFC

You can submit an application to the registration authority through:

Rosreestr;
Cadastral Chamber.

Let's consider the option of submitting an application through the MFC. When submitting the application, Rosreestr indicated the following requirements to comply with:

complete information about the object;
there should be no corrections or erasures in the application;
no additions to documents at the site;
full personal data and full names;
electronic signature when submitting electronically.

Apply for a ban in a few steps, having your passport with you:

sign up for the “My Documents” center;
come to the MFC on the appointed day;
in the presence of an MFC employee, write a statement in free form, indicating all specifications object;
present a title document;
wait for changes to be made to Rosreestr.

Result of service provision

The result will be a ban on carrying out any registration actions without the personal presence of the property owner.

Important! When contacting a third party government agency to complete transactions, an employee of the MFC (Rosreestr) sends a package of documents without consideration!

How to cancel an entry

Lifting the ban is possible only upon the personal application of the owner upon presentation of a passport or by a court decision. The measure should help protect objects from committing fraudulent activities.

Arrest on registration actions is a restrictive measure used against debtors or violators.

Dear readers! The article talks about standard methods solutions to legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Its effectiveness is due to the fact that the ban on registration, and as a result, the impossibility of carrying out various transactions, encourages the elimination of the violation that caused the arrest.

What does it mean?

Seizure on the registration of a car means that neither the car nor real estate, for example, an apartment or a country house, can be sold, bought, exchanged or donated.

All of the above transactions can be carried out only after the ban is lifted.

To do this, you will need to follow a certain procedure established by law, which will be described below.

Who imposes restrictions?

The law provides for a range of government agencies that have the right to impose.

These include:

courts;
investigative services;
Traffic police (if the measure applies to vehicles);
customs;
other bodies provided for by current legislation.

Thus, courts often resort to this measure if a dispute develops about the ownership of a car to one or another owner.

This is done in order to prevent the possibility of alienation of the vehicle before a final decision is made.

A lien can be used when pledging a car to enforce a property claim.

Customs may impose a ban if there is reasonable suspicion of a violation of the law during customs clearance of a car imported from abroad.

Another body that may impose restrictions is the social security service. It applies the ban in favor of persons under the age of majority. Restrictions may be introduced by the traffic police search units.

What does the law say?

All issues related to arrest are generally considered “On Enforcement Proceedings”.

Certain points have been regulated in more detail since 2008.

The latest regulatory legal act establishes that restrictions may be imposed on vehicles related to the prohibition of registration actions.

It is known that they are carried out without fail when carrying out various transactions, for example, when buying or selling.

Arrest on registration actions

A bailiff has the right to impose a ban only if there is a court order to collect a certain debt from a person (for example, an unpaid fine).

Often, bailiffs impose encumbrances if the owner does not pay alimony.

Car

If registration is completed, then its owner will be able to operate it in the usual manner - use it as a means of transportation.

However, transactions with this property will be prohibited.

Real estate

A ban can be introduced not only in relation to a car, but also. In this case, it cannot be sold, exchanged or donated.

Often the restriction is temporary, for example, when the court resolves a case on determining heirs.

Immediately after the final decision is made, the arrest is lifted.

How to find out?

To determine whether a car or real estate has been seized, you can use:

Official websites of the services that made the arrest. Such portals may be the bailiff service, the traffic police (if a restriction is imposed on the car), or the website of the customs authorities. To obtain information, you need to know, and in some cases, the make or model of the car.
You can obtain information by visiting the mentioned government bodies in person, but to do this you will need to make a request. In addition, the answer will not be received immediately, as is the case with official sites, but only after a certain period of time. Usually this takes from 5 days.

How to remove?

If restrictive measures are applied to a vehicle, then it will not be possible to carry out any registration actions with it.

In accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001, the ban will be lifted when the body that imposed it issues a document on repayment of debt or elimination of violations.

Each punishment, if there are several of them, must be removed separately. For example, if sanctions are applied by several bailiffs, then each of them issues a document to remove the sanction.

Step-by-step instruction

In order to register a vehicle, you will need to complete several steps:

Find out the reason why a certain measure was introduced.
Study the document indicating the reason. At this stage, it is important to make sure that the restriction was allowed and the actions of government agencies are justified. If a citizen does not agree with the decision, then it can be appealed in court.
If the document is drawn up correctly, then you will need to eliminate the cause - fulfill your debt obligations.
At the next stage, you will need to obtain a decision to lift the restrictive measure on the car from the government agency that introduced it.

In order to quickly solve the problem, it is recommended to independently deliver the documents on the lifting of the arrest to the traffic police.