Who is required to issue a technical passport for an apartment - the developer or the equity holder
2. The participant carries out the registration of property rights independently; before this, the developer is obliged to transfer the necessary documents to the participant - including the cadastral passport of the apartment. In the DDU, in the section OBLIGATIONS OF A PARTICIPANT IN SHARED CONSTRUCTION, it is stated: “5,1,4, Register the ownership of the Object with the Office of the Federal State Registration Service within 20 calendar days after signing the transfer deed. All costs for registering property rights are borne by the participant. “i.e., within the meaning of this paragraph, the participant pays only the state duty - 1000 rubles and that’s all.
1. The text of the shared participation agreement states: “The developer is obliged to provide to the State Registration Department the documents necessary for registration of this agreement and the RIGHTS of the PARTICIPANT in shared construction in accordance with the legislation of the Russian Federation.” i.e., two procedures are indicated: - provide documents for registration of an equity participation agreement (DPA). — provide documents for registering the right of a participant in shared construction.
Is the technical data sheet currently in use?
» A technical passport is a document that was previously issued based on the results of a technical inventory of capital construction projects.
True, the law did not provide for any sanctions for non-compliance with these conditions.
On the basis of such a passport, their technical registration was carried out, they were included in the Unified State Register of Capital Construction Projects (clause 7 of the previously valid Regulations approved by Decree of the Government of the Russian Federation of December 4, 2000 N 921). The technical passport contained the characteristics of the real estate object that individualized it.
It was needed to enter information about the property in the Unified State Register of Real Estate during the state registration of rights to it (Art.
1 of the previously valid version of the Law on Registration of Rights to Real Estate, paragraph.
23 of the previously valid Rules for maintaining the Unified State Register). The technical passport was issued before January 1, 2013. Please note that:
- from March 1, 2008 to January 1, 2013, technical passports were issued depending on the region in which the facility is located. During this period, a transition period was established to account for buildings, structures, premises and objects of unfinished construction. On the territory of the Russian Federation, both technical and cadastral passports were issued if a new procedure for recording such objects was introduced. Everything depended on the region, since the new procedure was introduced in stages (part 1 - 1 of article 43 of the previously valid Law on the Real Estate Cadastre, paragraph 1 of paragraph 37 of the Procedure approved by Order of the Ministry of Economic Development of Russia dated October 14, 2011 N 577).
- Until March 1, 2008, it was issued on a mandatory basis and confirmed the completion of a technical inventory. After this date, instead of technical registration of real estate, cadastral registration began in accordance with the Law on Real Estate Cadastre;
From January 1, 2013, only a cadastral passport was issued to confirm cadastral registration (clause
1 tsp. 2 tbsp. 23 of the previously valid Law on the Real Estate Cadastre). From January 1, 2020
Cadastral registration and state registration of rights to real estate are carried out in a single register - the Unified State Register of Real Estate.
Carrying out cadastral registration, as well as state registration of rights, is confirmed by an extract from the Unified State Register of Real Estate (Part 1 of Article 28 of the Law on State Registration of Real Estate)
Registration certificate for apartment 2020
An apartment is a complex engineering and technical facility with many communications and equipment. The introduction of a register of capital construction projects divided technical accounting into two parts, including technical and cadastral documentation.
Before purchasing real estate, you need to make sure that all the data entered in the document is valid. There are often cases when the former owner changes the layout without the approval of the BTI, which is a violation of the law. The fine for this action will have to be paid by the new owner.
This is interesting: How and When Can Bailiffs Take a Car?
Technical passport for house and apartment
Before contacting the BTI, you will need to clarify what a technical passport for an apartment is with qualified professionals, if you were unable to figure it out yourself. In fact, there is nothing complicated here. It is necessary to obtain a technical passport, if only because it contains extensive information about the property - the parameters of the property and its price. This information is simply necessary for organizing any legally significant real estate transaction.
When applying for a technical passport for an apartment at the BTI, you need to remember that together with it you will need to obtain a technical plan for the premises. It describes in detail all the operational features of the housing, the layout of the rooms, their size and ratio. When selling an apartment, the seller is obliged to convince the buyer that the property meets all the parameters stated in the technical documentation. A discrepancy between the plan and actual indicators will lead to the imposition of an administrative fine and a number of negative consequences.
Samples of documents from BTI
You can order a technical passport from the BTI. If the bureau does not have information about the dimensions of the apartment, you will need to additionally order a visit from a measuring engineer. He will take measurements, and only after that they will issue you a passport.
Who can apply to the BTI for documents
A certificate of inventory value may be needed to register an inheritance, alienation or privatization of real estate. Tax is calculated on the inventory value, and in case of disputes with the tax authorities, such a certificate will be required.
The document is necessary when making legal transactions with real estate and to obtain it you will need to pay a state fee. In general, the procedure for obtaining a technical passport is not difficult or expensive. If the owner of the property does not have a construction permit, then until March 1, 2019. in accordance with the law on dacha amnesty, the declaration for the object can serve as the source document for the development of a technical plan.
The next day after the official decision is made, a copy of this document is sent by email or registered mail to the applicant. The owner of the plot must receive a copy of the decision and a cadastral passport if the decision is positive.
Drawing up a technical plan of the house for cadastral registration
For example, if a house is the subject of a legal dispute or is indirectly affected in legal proceedings. In the cadastral passport for non-residential real estate, a misunderstanding was found: part of our workshop has 1 floor, and part has 2 floors, the Unified State Register certificate says so: floors 1, 2. In the cadastral passport, opposite the column floor: 01. We contacted the BTI and received a technical passport with the corresponding contents.
Thus, until the establishment of the procedure for state accounting of the housing stock in the manner prescribed by current legislation, and the recognition of Resolution No. 1301 as invalid, in the opinion of the Real Estate Department, specialized state and municipal organizations of technical inventory for the purposes of accounting of the housing stock have the right to carry out a technical inventory of objects related to to the housing stock, and issuing technical passports for housing stock objects.
Interesting read: Mortgage scandals, divorces
Taking into account what is stated in this letter, a technical plan can be drawn up on the basis of a technical passport for a capital construction project related to the housing stock, issued after January 1, 2013. Preparation of a technical plan based on the information in the technical passport for a capital construction project not related to the housing stock , manufactured after January 1, 2013, is not provided for by current legislation.
Document overview
In accordance with the provisions of Part 3 of Article 44 of the Cadastre Law, cadastral engineers carry out cadastral activities in relation to buildings, structures, premises, and unfinished construction objects in accordance with the procedure established by the Cadastre Law from January 1, 2013. Moreover, from January 1, 2013 and until January 1, 2014, this cadastral activity, along with cadastral engineers, has the right to be carried out by organizations for state technical accounting and (or) technical inventory, which on December 31, 2012 had the right to carry out state technical accounting and (or) technical inventory of real estate data.
For the purposes of cadastral registration of a real estate property, a Technical Plan is required, which is prepared by a cadastral engineer. He also puts the property on the cadastral register. That is, all data about the property is entered into the Unified State Register of Real Estate in the Unified State Register of Real Estate, and only after this procedure can you obtain a Cadastral passport (extract from the register).
Where to get and how much does a technical passport for an apartment cost?
On the first page of the technical passport for the apartment there is a floor plan of the premises. This is a copy from the technical floor plan of the building, information about which is available to Rosreestr. What is such a plan for? It shows the absence of errors made by the developer during construction and indicates where utilities are located.
So, TP is needed when a citizen is going to buy property or sell existing real estate. It is important to understand that the completed and completed document is presented by the owner, so the seller of the property needs to order the registration certificate in advance.
Basic rules for decorating an apartment in a new building
The FRS will not issue it. “You shouldn’t waste time trying to figure out whether you love a person or not. Act as if you were sure that you love him” (c) #2 IP/Host: 95.188.249. Re: production of technical passports I agree with you that the technical passport for the entire house is paid for by the Developer!!! What about individual technical passports for each apartment!!!??? #3 IP/Host: 95.188.231. Re: production of technical passports: confused: Anonymous user Writes: I agree with you that the technical passport for the entire house is paid for by the Developer!!! What about individual technical passports for each apartment!!!??? #4 IP/Host: 193.105.11. Registration date: 10/20/2010 Messages: 47,004 Re: production of a technical passport so that the developer can transfer an object (apartment) to the shareholder - this object must undergo technical inventory and be registered in the cadastral register.
Who issues a technical passport for an apartment
If a cadastral passport must be obtained for the first time for a specific apartment, the owner of the living space is responsible for providing data on the condition and layout of systems such as sewerage, full electrical wiring, water supply, and often additionally requests for drainage features, a plan for the location of the heating system, especially the number blocks in each room of the apartment and information about their serviceability.
Moreover, the technical plan reflects one of the important points for registering real estate in the cadastral register - the coordinates of the corners of the building or the location of the apartment on the floor. Thus, the object is linked to the land plot where it is located, or to the floor of the building. Documents that are the basis for the technical plan (design documentation, permission allowing the facility to be put into operation or technical passport) must be included in its composition as appendices in the form of certified copies. This document is compiled by one person - a cadastral engineer. He is fully responsible for the accuracy of the information reflected in it, certifying the technical plan with his seal and signature.
This is interesting: A fine has been paid to the Tax Authorities Posting 2019 State Institution
Zheleznodorozhny On-Line website forum
I’ve already consulted everywhere I can, except for the registry office itself.. But I have doubts that the cadastral passport is still not enough for registration.. they say that a floor plan and an explication of the apartment from the BTI are needed.. can you tell me exactly what is needed?? Or can accurate information only be obtained from the Registration Chamber?
In order for the registry chamber to be able to register an apartment, a cadastral passport is not necessarily needed. It is enough that the apartment plan is in the cadastral register database. There was a certain number in this register. As a rule, when renting out a house, the developer transfers the explication of each apartment for registration in this registry and there are no problems with registration. The Registration Chamber requests this number from the Cadastral Chamber and issues a certificate. In our case, as I understand it, there is no diagram of the apartment in the cadastral register, so you need either a plan or a technical passport from the BTI or look for it from the developer, but it no longer exists, only the BTI remains. I made an appointment with the cadastral chamber, maybe we can somehow resolve this issue directly.
We recommend reading: sample report of uncompleted work
How much does a technical passport cost for an apartment in BTI in the Russian Federation in 2020?
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
How to choose a competent cadastral engineer and what requirements apply to his qualifications
Ordering a technical plan as part of the services provided by the cadastral bureau may have its advantages:. If it is necessary to remove a property from cadastral registration, it is worth ordering an inspection report of the property. It is worth considering: Registration of real estate ownership and its registration with the state must be approached with all seriousness and in accordance with the norms of Russian legislation. In some cases, this procedure requires contacting cadastral engineers.
Cadastral passport. Crimea. Simferopol.
Forum of real estate owners of the Irkutsk region About houses, apartments, dachas Skip. Who are cadastral engineers? Can they be trusted? What can they do? The price is quite reasonable - rubles. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
First, this is the actual address of the object. It is indicated based on the information entered into Rosreestr, and is subsequently duplicated in the certificate of ownership. The technical plan, being part of the passport, clearly shows the layout of the house or apartment. In this article we will find out whether it is possible to prepare technical plans on the basis of technical passports produced by technical inventory authorities after January 1, 2013.
A technical passport is produced, as a rule, for official (personal) use and is used for various purposes: for personal purposes, for guardianship and trusteeship authorities, for a bank, for a court, for architecture, etc. The purpose of the technical passport is similar. But it is mandatory when carrying out operations with construction projects, especially if redevelopment, transfer of a building or separate premises from residential to non-residential and vice versa, for legal disputes is necessary. If there is no building on the land, it is quite enough to include technical information on it in the CP.
Who today has the right to produce a technical plan and technical passport
Technical inventory and accounting of real estate objects for the purposes of state registration of rights to real estate and transactions with it are carried out by technical inventory organizations (OTI, BTI).
Interesting to read: Ifns extract from the register with electronic signature
In only one transaction, my client lost the deposit, only because he himself postponed the purchase for a longer period due to family circumstances. But of course, I was warned about the non-refundability of the deposit until the agreement was signed and the money was transferred.
Is a technical passport required for a real estate property in a transaction of purchase and sale, gift, exchange of apartments, houses, garages? No, you don't need it! The relevance of the article has been confirmed: 01/27/2019 Let’s look at it in detail.
Do I need a Technical Passport?
A technical passport for an apartment is sometimes still used in a real estate transaction. As a rule, this happens in a mortgage transaction using bank credit funds. Each bank has its own list of documents for the collateral. In addition, it is the Technical Data Sheet that can be requested by an independent appraiser. After all, the technical passport contains the information necessary for it:
It's fast and free! If you have built a new house or bought an apartment, then you will need to register ownership of this object in accordance with the established procedure. A program for filling out and printing state-issued documents, certificates and annexes on basic general and secondary general education on new sample forms in accordance with the new filling out rules.
Where to get a technical passport for an apartment: deadlines and documents
- Detailed data on the area of all rooms and the entire apartment;
- The year of construction of the object (apartment building) and the year of major repairs;
- The cost of housing according to the latest inventory;
- The material from which the walls, ceilings and interior decoration are made;
- Composition of engineering communications;
- The address of the actual location of the described object.
If you purchase an apartment, you will need to familiarize yourself with its technical passport to compare the actual condition of the apartment with what is recorded in the technical passport. We invite you to watch a video about where and how to obtain a technical passport for an apartment.
Is it necessary to obtain a technical passport when selling an apartment and what is its validity period?
It contains important information that allows you to control the implementation of major repairs, have an idea of the engineering structures of a residential building, and also easily determine the fact of redevelopment. Do you need a cadastral and technical passport when selling real estate?
You can do without this document in any case if you are not afraid of problems with the purchased property . An exception is the execution of a mortgage sale transaction.
This is interesting: Do bailiffs have the right to arrest me if I am registered in another region?
Obtaining a cadastral passport
For lending to individuals or legal entities secured by a land plot, the bank always requests a cadastral passport for the object with up-to-date data. will assist in:
- obtaining a cadastral passport for a land plot;
- correcting errors and making changes in the Cadastral Chamber of Rosreestr;
- Registration of a land plot for cadastral registration;
- preparation of a boundary plan (division and consolidation of a land plot);
- registration of ownership of a land plot.
The employee organizes the visit of an experienced surveyor
for carrying out cadastral work if:
- a cadastral passport is ordered for the first time;
- it is necessary to clarify the location of the boundaries of the land plot;
- draw up a technical plan for the facility.
This procedure for obtaining a cadastral passport is an integral part of registering property rights
and conducting real estate transactions (sale, pledge, donation, inheritance, etc.).
It is necessary to understand what goals are being set; the selection of the optimal lending program depends on this. Our employees always first study the history of the object and the availability of technical documentation. The borrower's credit history is also important. Otherwise, you can go halfway, waste time and get rejected by the property’s lawyers. Our work is paid only upon receipt of an official decision from a credit institution
or a private investor.
Our advantage is that we accompany our clients until the transaction is completed
, i.e. receipt of funds after the documents are released from the registration chamber. Also from many partners we have preferences for our clients, discounts on valuation, insurance and bank annual interest rates.
Lending secured by land can be divided into several types:
- purchase of land;
- mortgage of a land plot with misuse of funds;
- pledge of land for building a house.
Obtaining a cadastral passport of a land plot.
You can officially make a request to receive information from the state real estate cadastre through a website that contains information about real estate:
- cadastral passport number;
- object area;
- its location;
- cadastral value.
Review period is up to 5 working days, cost from 150 rubles. (www.rosreestr.ru). We can do it in 1 business day.
The cost can be clarified by phone, depending on the location of the object.
State cadastral registration
- this is the entry into the state real estate cadastre (GKN) of information that confirms the existence or cessation of the existence of real estate with characteristics that make it possible to define it as an individually defined thing, as well as the entry of other information about real estate in accordance with the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law). During state cadastral registration, each real estate object is assigned a unique, non-changeable, non-repeating cadastral number over time and throughout Russia, which makes it possible to unambiguously distinguish it from other objects and confirm its existence. Information about registered real estate objects is compiled by the State Property Committee. (www.rosreestr.ru)
To obtain a cadastral passport of a land plot
Through us you will need: a certificate of ownership and foundation, a copy of the passport and a power of attorney for our employee.
Can be received within 1 business day. How to order a cadastral passport for a land plot?
Call us and give your details, we will clarify whether the object is registered, then hand over the required documents, we will do the rest.
Cadastral passport for a mortgage.
To purchase with your own funds, a cadastral passport was not previously required, but in view of the new law (The maximum period of ownership of real estate, during which all income is exempt from personal income tax, will increase in 2020 from three years to five. And the taxable price of the transaction cannot be less than 70% of cadastral value of the apartment minus purchase costs.) is required for all transactions due to the cadastral value.
Also, for a mortgage transaction, a cadastral passport is required by bank lawyers and insurance company lawyers. The cost of a cadastral passport for a land plot.
Price on request, depending on acceleration and location of the object.
What is the cost of registering a land plot with the state cadastral register?
Registration of land plots for state cadastral registration is carried out without paying a state fee.
Registration of an object for cadastral registration
is accompanied by the assignment of a cadastral number to it.
A cadastral number is a number in the state register where information about each property is entered, and its presence makes it possible to register the right to the property. The review period is 10 working days. State registration of rights to real estate
and transactions with it is a legal procedure during which in a special Unified State Register of Rights (USRE) it is recorded who and what rights to a property acquires or loses. It is according to the data of this register that it is determined who is the owner of the property.
In order not to delve into all the subtleties when preparing the documentation, we suggest you fill out an application on our website or call the specialists of company 8 and they will advise on ALL questions of interest and help you complete the documents in 1 day!
Technical passport for an apartment building
Please note that the technical passport of an apartment building is not a trade secret and does not contain any restricted information. Each apartment owner has the right to request a technical certificate for the house from the developer. In cases where the developer does not issue this document, do not rush to order a technical passport from the BTI, you have every right to contact law enforcement agencies, since such actions are illegal.
Unfortunately, owners of apartments in new buildings very often find themselves in a situation where they do not know where to look at the technical passport of an apartment building. This is due to the fact that formally, the technical passport of an apartment building describes the entire area of the building, but each apartment owner is required to individually register their new property. Very rarely does the developer deal with this issue, however, he demands impressive sums of money for his services.
Cadastre and technical passport for the DDU
Info
Registration of an apartment for cadastral registration is absolutely free for Setl City shareholders. Svetlana Lipovskaya, head of the investment development department of Lemminkäinen Rus: - The developer does not need cadastral registration of specific premises in order to put the house into operation (this is already necessary for registering the property).
And some developers collect money from shareholders for performing cadastral work. But as for Lemminkäinen, our company carries out cadastral work at its own expense. Elena Myagkaya, head of the legal department of YIT St. Petersburg: “We issue cadastral passports when transferring apartments to all clients without additional payment. Vitaly Vinogradov, Director of the Sales Department of Leader Group Group of Companies: — Leader Group Group of Companies prepares all cadastral passports for its properties at its own expense.
The cost of a technical passport for an apartment
- Submitting an application. When talking with a BTI employee, the applicant must clearly outline the situation so that he can plan the course of further actions. The employee will give you a form to fill out. There are samples at the stands. The reason for requesting the document must be indicated.
- Submission of documentation.
- Payment for services.
- Receiving a finished technical passport.
There are many intermediaries in the real estate industry who are willing to issue a technical passport for a fee. There is no specific cost; the price of the organization is set arbitrarily. If such a need arises, it is better to contact companies that have a license to provide such services.
How to buy an apartment in a new building in 2020: step-by-step instructions
If defects are discovered, the person purchasing the property has the right to demand that the construction organization eliminate them and pay compensation. A common mistake when buying an apartment in a new building is the buyer signing the deed based on verbal promises to correct the problems by the developer. Such an agreement threatens that the future owner will have to carry out repair work independently. It is better not to sign anything until the defects are corrected.
This attracts the buyer, but there are also risks here that, when buying an apartment in a new building, will entail a number of negative consequences: poor-quality construction, deliberate increase in the cost of housing, double sales. The developer can independently change the project declaration, presenting the shareholder with a fait accompli. It is necessary to carefully study the contract before signing for pitfalls, inaccuracies, and vague wording.
10 Jul 2020 uristlaw 630
Share this post
- Related Posts
- Living Minimum for Non-Working Pensioners in Moscow in 2020
- If IP Tables Are Rented, Can They Be Arrested?
- If a Car Donated Under a Deed of Gift from a Notary Can the Bailiffs Take It If There Are Debts?
- Monthly Payments Wind of Labor Ivanovo
Who should receive a technical passport - the developer or the buyer?
If the apartment is already ready, then there are many ways to buy it.
This can be a classic share participation agreement, assignment of rights (transfer of the shared ownership agreement from the previous shareholder) and even a sale from the owner - the former shareholder who registered the ownership, and sometimes from the developer who registered ownership of the house after the delivery of the house. Since the acquisition method is unknown to us, we will assume that the apartment is purchased under a regular equity participation agreement. The developer must provide the documents necessary for self-registration of property rights - the DDU and the acceptance certificate for the residential premises.
As a rule, the developer offers to take on the work of registering property rights for a fee, and then the buyer issues a power of attorney to an authorized representative of the developer.
Almost the same thing happens when an apartment is purchased by assignment of rights - in addition to the assignment agreement, the buyer receives the original DDU of the first shareholder and on this basis can register the property in his own name.
Documents when buying an apartment: see, sign, receive
What needs to be done after concluding a purchase and sale agreement?
All other documents - technical passport, BTI plans - are not needed to register property, the developer is not obliged to issue them. He draws up a technical certificate and a BTI plan for the entire building, but the owner needs a small piece - his own apartment. And if this is necessary for some legally significant actions, then he will have to order these documents at his own expense.
Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:
You really are not required to provide a registration certificate from the BTI, since this document must be requested additionally. In fact, you receive an extract from the Unified State Register of Real Estate in your name, to which is attached a sheet with a cadastral plan, and a share participation agreement.
Irina Gorskaya, leading legal consultant of the INCOM-real estate legal service, answers:
To register a constructed multi-apartment residential building for cadastral registration, a technical plan of such a house is required. In this regard, the developer can only provide you with an extract from the floor plan of the building for the floor you are interested in.
If you need a technical passport for your apartment, you can order it yourself. The law does not oblige the developer to compulsorily produce a technical passport.
When transferring an apartment to you under a transfer deed, the developer is also obliged to provide you with instructions for operating the shared construction project (if an agreement for participation in shared construction was concluded) plus passports for water, heat and electricity meters.
How to buy an apartment under a transfer agreement?
Trade-in housing exchange – is it worth getting involved with?
Lawyers from the legal department of the development company Sminex respond:
If we are talking about the sale of an apartment in a building that has already been put into operation, the seller is not obliged to provide the buyer with a technical passport or other documents. An exception is documents that confirm the seller’s ownership of the residential premises (extract from the Unified State Register of Real Estate). This is also not the responsibility of the seller, but is accepted in the market.
Svetlana Zhukova, head of the central department of city real estate of NDV, answers:
To complete a transaction with a legal entity, that is, with a developer, a technical passport of the object is not needed. The developer has a technical passport for the entire house and an explication of the floor. You can ask him to show you the apartment you are planning to buy on these documents.
Lawyer Oleg Tsarev answers:
The list of documents that the developer must provide you with is specified in the main share participation agreement, which you sign when purchasing an apartment in a building under construction. The developer must:
- complete the facility;
- pass the state commission;
- register the property with the cadastral register;
- transfer it to you according to the acceptance certificate.
Everything else must be specified in the contract.
Upon delivery of the object and passing the state commission, BTI employees take measurements, which are transferred to the cadastre for cadastral registration of both the entire house and your apartment.
After this, you can register the right to the surrendered object. The direct responsibilities of the developer do not include registering your personal rights (unless this is provided for in the contract).
All expenses when buying an apartment in a new building
Instructions: how to accept an apartment in a new building
Dmitry Khanin, managing partner of the Double Pro legal group, answers:
The BTI registration certificate is probably required by the bank where the buyer intends to take out a mortgage. In this case, you will actually have to request and pay for the document yourself. The developer can meet halfway and issue such a document if available, but he has no such obligation to potential buyers.
RDI Commercial Director Valery Kuznetsov answers:
Indeed, the technical passport is now an optional document. It is not required for the subsequent sale or purchase of a home. Owners order it mainly for apartments with redevelopment, when further approval is necessary.
However, when buying an apartment on credit, you need to order an appraisal album from an appraisal company. In turn, appraisal companies require a number of documents to prepare a report, including a technical plan and explication. However, the registration certificate does not have to be ordered from the BTI for an additional fee.
It is enough to request from the developer copies of the technical passport of the house for your apartment (floor plan and explication) and title pages. For most companies, this is sufficient. The developer usually does not provide this to every buyer when issuing keys, but does not refuse such a request.
Moreover, in this case, the developer simply will not have a choice when selling an apartment in a finished building to a buyer with a mortgage.
When purchasing an apartment in a rented building, it is enough to request or order an extract from the Unified State Register of Real Estate as confirmation that the apartment is owned by the developer and there are no encumbrances on it.
If the owner is not the developer himself, but another legal entity, for example an investor, then it is necessary to request copies of the supporting documents, in particular, the purchase and sale agreement/DDU and the acceptance certificate, confirmation of payment.
When purchasing an apartment with a mortgage, the bank will request all these and other documents from the seller independently. These documents are necessary only to verify the legal purity of the transaction - that is, they are not required for further resale.
Should I pay extra if the apartment area is larger than stated?
What if the area of the apartment does not match that indicated in the DDU?
Kirill Reznik, lawyer of the legal service “Unified Center for Protection” (edin.center), answers:
If there is no such condition in the purchase and sale agreement, then you are not obliged to do so. When purchasing a finished apartment in a rented house, the developer does not have to provide you with any documents. You only receive a purchase and sale agreement and a transfer deed. Or only the purchase and sale agreement, if it says that it is also a deed of transfer.
Another question is that you have the right (and it is advisable to do this) to ask the developer for documents confirming that the house has been delivered and that the apartment is registered in the cadastral register. It is also recommended to independently order an extract from Rosreestr stating that the apartment is owned by the developer in order to avoid fraudulent double resales.
Text prepared by Maria Gureeva
Do not miss:
All materials in the “Good Question” section
How long does it take to buy and sell an apartment?
How do transactions with escrow accounts work?
How does the real estate exchange work?
The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.
Source: https://www.domofond.ru/statya/kto_dolzhen_poluchat_tehpasport__zastroyschik_ili_pokupatel/100349