KNOWLEDGE IS MONEY! NOTARIES AND AU WILL HAVE TO PAY FOR REAL ESTATE INFORMATION

At the initiative of the legislator, from 2025, it is possible to increase the amount of the cost of requesting information on real estate rights in the Rosreestr.

Arbitration managers and notaries conducting bankruptcy cases will no longer be able to request such information for free. The government explained that such changes will replenish the state treasury by 21 billion rubles a year.

However, professional lawyers and arbitration managers do not share the overbearing optimism and note that eventually the increase in fees will be redistributed to creditors by increasing notary tariffs.

The explanatory note of the Government to the draft budget does not reflect how much it is worth waiting for an increase in the cost of providing information from the Unified State Register of Real Estate.

Currently, the cost varies depending on the nature of the data and the type of requesting entity. So, an extract from the Federal Register of Real Estate will now cost 460 rubles for individuals in paper form and 290 rubles in electronic form. For legal entities – 1,270 rubles and 820 rubles, respectively.

In addition, the Legislator intends to delete from the list of persons who are authorized to request information from the Rosreestr, arbitration managers and notaries for free. The law "On State Registration of Real Estate Rights" currently contains an exhaustive list of such persons. It lists courts, bailiffs, prosecutor's offices, Central Bank, MFC, Roscosmos, Rosatom, and so on.

According to lawyers, restrictions have already been imposed on persons who do not have rights to real estate in terms of obtaining information about the rights to this property. In the end, such measures led to a collapse in the real estate and housing market. This imposed additional material costs, forcing interested parties to request information about real estate through notaries. In addition, the latter often request information in the Unified State Register of Real Estate, for example, in the framework of inheritance proceedings.

The changes proposed by the Government will inevitably lead to an increase in notary fees. The redistribution of expenses will also affect the sphere of bankruptcy. Arbitration managers in the framework of bankruptcy proceedings request information from organizations and authorities. Previously, they received information for free. However, if the changes are introduced, the costs of arbitration managers for requesting information will undoubtedly be transferred to the bankruptcy estate, reducing the amount of material funds that creditors will receive, experts say.

According to Kommersant, arbitration managers are afraid that other bodies, in addition to the Federal Register, will think about providing information for a fee.

Innovations can increase the terms of the bankruptcy procedure and, perhaps, will bring losses to the bankruptcy estate. So, without operational information on a dubious transaction, it will be possible to resell the debtor's property and minimize the possibility of returning such property to the bankruptcy estate. Therefore, experts doubt very much that the positive effect of the legislative initiative will exceed the negative effect of it.