Changes in cadastral registration after redevelopment

The legal topic is very complex, but in this article we will try to answer the question “How to register a house in the cadastral register in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

The property will be registered in the cadastral register within 5 working days from the date of registration of the application and documents by Rosreestr, and in the case of cadastral registration based on a map-plan of the territory - 15 working days. If, simultaneously with cadastral registration, property rights to real estate will be registered - within 10 working days from the date of registration of the application. If you submit documents in , the deadline will increase by 2 business days.

• significantly changed the characteristics (for example, increased the area) of a building or structure on a land plot that you own or that you use on other legal grounds;
• demolished a building located on such a site, the rights to which were not previously registered in the Unified State Register of Real Estate.

How to submit documents for cadastral registration of real estate?

Veterans of the Great Patriotic War, disabled people of the Great Patriotic War, disabled people of groups I and II can register the rights to their real estate using free. A courier will come to them and accept the application for registration of rights.

If somehow it turned out that the developer handed over the house, did not provide the necessary documents for cadastral registration to the executive authorities, disappeared, and the officials shrugged, there are two options left: to collect the missing documents themselves or to seek a solution to the issue through the court.

The form for contacting the prosecutor's office is the same as for contacting officials, but in addition, in the complaint describing the situation, I recommend indicating that you have already contacted the officials. Write the incoming number of your request and attach a copy of the letter. Add what happened with the last request: that you never received an answer or that officials did not take any action. At the end, you can add the phrase: “I ask you to take prosecutorial response measures” - this is the official wording for such a complaint.

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Solve the issue yourself

The developer's obligations under equity participation agreements are considered fulfilled from the moment the transfer and acceptance certificate is signed. It is possible to sign the act only after permission to put the house into operation has been received. There are no other requirements for the developer, including no requirement to register the house or apartments with the cadastral register.

Hello! You need to contact a cadastral engineer who will prepare a new technical plan on disk. It will need to be submitted to the MFC, where you will subsequently be given documents for the completed house. After this you will be able to register. Or contact the cadre engineer who made the technical plan so that he can give you the disk.

Good afternoon, I have a plot of land dated 2020 under a free use agreement, I submitted a notice for permission, everything was approved, I built a house. Currently undergoing rough finishing. I want to know if I will have problems with registration because there is no water yet. And even after registration, is it possible to use it as collateral?

What to do if the house has already been built, but it does not comply with urban planning standards?

Hello! The technical plan must indicate that the house is being formed from an unfinished construction project, and the cadastral number of the unfinished construction must be indicated. In this case, you will not be required to receive a Notice of Planned Construction.

If there is a mass registration of buildings by neighbors, the Garden Non-Profit Partnership (SNT) can also help with the question of how to register a house on a summer cottage, the chairman of which can submit an application on behalf of all members of the partnership.

What is cadastral registration of apartment buildings?

An apartment building is a real estate object (building) that includes residential and non-residential premises, and common areas. Like other real estate, MKD is subject to registration in Rosreestr. This is necessary so that information about the building and its premises is reflected in the state register of the Unified State Register of Real Estate.

Features of cadastral registration of apartment buildings are as follows:

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• for apartment buildings put into operation before 2013, registration can be carried out at the request of the owners of the premises, or at the request of the local administration;
• registration of a new building for cadastral registration can be carried out by the developer or by the owners of the apartment building premises;
• It is possible to register rights to premises only if the object is registered and its information is reflected in the Unified State Register of Real Estate.

When the apartment building is put into operation, the developer can immediately register the entire building and its entire premises. For this purpose, technical plans for the MKD are drawn up. apartments, non-residential premises. The developer can also transfer documents for the house and premises to buyers (shareholders), who will themselves be registered with Rosreestr.

Expert commentary. Is it necessary to register a house in the cadastral register if it was built before 2013? Such an obligation is not directly established by law. However, without registration, it will be impossible to dispose of common property, participate in state and municipal programs, or exercise other powers. Registration will not affect the rights of owners in any way.

A building permit is issued after an examination and allows the construction of the apartment building to begin. This document is not needed to undergo cadastral registration in Rosreestr.

Regulatory acts

Registration of an apartment building is carried out according to the following governing documents:

• Law No. 218-FZ () is the basic regulatory act for accounting and registration of real estate in Russia;
• Housing Code of the Russian Federation () - contains a number of norms on the management of apartment buildings, decision-making by premises owners;
• Order of the Ministry of Economic Development No. 953 () - according to this regulatory act, a technical plan for apartment buildings and premises is drawn up, which must be submitted to Rosreestr.

Law No. 218-FZ allows the land under the house to be registered in the cadastral register. This decision can be made by the owners of premises in the apartment building, or the developer himself will go through the procedure. To describe the coordinates of the boundaries and characteristics of the local area, it is necessary to order a boundary plan. The form and content of this document is regulated by Order of the Ministry of Economic Development No. 921 ().

Features of real estate accounting in an apartment building

An apartment building also belongs to real estate and must be included in the register. The nuances of this procedure can be seen in Art. 40 of Law No. 218-FZ:

• after commissioning, a technical plan is drawn up with the parameters of each residential and non-residential premises recorded;
• simultaneous registration of the house and the site under it is carried out (if this procedure has not been previously carried out for the site);
• cadastral numbers are assigned not only to an apartment building, but also to each object within its boundaries (apartments, separate premises).

Find out more How to register ownership of a land plot

The parameters of the building after registration are reflected in the Unified State Register, and any person will be able to obtain this information in the form of an extract from the register.

How to register an apartment building with cadastral registration

Registration of an apartment building on the cadastre is carried out after its commissioning. To do this, the developer applies to Gosstroynadzor, undergoes an inspection, and receives permission to enter. In some cases, it is possible to register an unfinished construction project (ONC). For example, if a developer goes bankrupt, shareholders can draw up a technical plan for unfinished construction and register the unfinished house. This will allow you to find another company to complete construction, or try to sell the property and return the money. You can learn more about these nuances from the experts of ]Smart Way[/anchor].

Commissioning

To contact a cadastral engineer, you must provide a document confirming commissioning. To do this, the developer applies to Gosstroynadzor, transfers documents, and provides access for inspections of the facility. If the supervisory authority confirms compliance with the design documentation and construction standards, a commissioning permit is issued.

How to register a residential building if it was put into operation before 2013? To do this, you also need to order a technical plan for the building. Since there is most likely no permission for commissioning, the cadastral engineer will check the BTI documentation and other materials. After inspections and coordination of the building, a technical plan will be drawn up.

Expert commentary. It is also possible to register a private house for cadastral registration on the basis of a technical plan. But when contacting a cadastral engineer, it is necessary to submit not a commissioning permit, but a notification from the local administration. This document has been used since 2020 and is issued to the private developer after completion of work.

When the apartment building is completed, it is necessary to put it into operation. For this purpose, the State Construction Supervision Commission conducts surveys and issues permits.

Technical plan

Registration of a multi-apartment residential building or its premises for cadastral registration is impossible without a technical plan. This document is prepared only by a cadastral engineer. You can choose any engineer who has a qualification certificate (their full list is on the Rosreestr website). However, we recommend that you carefully consider your choice, since in case of errors and shortcomings in the technical plan, Rosreestr will issue a refusal. ]Smart Way[/anchor] employs only experienced and reliable engineers who will draw up a technical plan in 1-3 days.

Dacha amnesty

You cannot build residential buildings on a garden plot, but you can only grow cucumbers, strawberries and, for example, potatoes. Until January 1, 2020, the only buildings on a garden plot could be a non-permanent object, such as a greenhouse, gazebo or toilet. Then this was allowed in the definition of garden plots.

Until March 1, 2020, you can legalize a garden house using a simplified procedure

The notification may not be submitted. If you are building a house on a garden or dacha plot, the technical plan can be drawn up without notification - until March 1. Because it was possible to build on garden plots without permits before. But if there is no notification, the application for registration is submitted not by the authority, but by the one who is building. Which method to choose, decide for yourself. If you are already under construction and do not have a technical plan yet, it is better to submit a notice of the start of construction. Otherwise, there may be problems with registration later.

1. if an incomplete set of documentation is provided;
2. if, according to the Unified State Register of Real Estate or other documents, the registered ownership of the building is not confirmed;
3. if the intended purpose of the land plot does not allow the construction of objects for permanent residence.

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Garden or country house up to 50 sq. meters of total area are not subject to taxation. The footage will be confirmed by cadastral information from the Unified State Register of Real Estate and an extract. If the area of ​​the registered property is more than 50 sq.m., it can be excluded when calculating property tax in the declaration.

Registration of garden houses according to Law No. 217-FZ

Documents recognizing a garden house as a residential building must be submitted directly to the local government authority, or through MFC institutions. The period for reviewing the documentation cannot exceed 45 days, after which the owner will receive a decision in writing.

Buildings erected on land plots must be registered in the state database. After registration in the cadastral register, you can register ownership as private property and make legal transactions.

Registration of an apartment in an apartment building

Apartments in a new building can be purchased by DDU, by purchase and sale, by privatization, by inheritance, by gift. If at the time of the transaction the residential premises are already registered in Rosreestr, there is no need to go through this procedure again. If accounting has not been carried out, the owner of the apartment can go through this procedure in the following ways:

• registration of a privatized apartment in the cadastral register is carried out simultaneously with the registration of rights to citizens;
• for an apartment in a newly constructed building, accounting is carried out by the developer, or when registering rights to the shareholder, the buyer;
• in old houses built before 2013, the sale of an apartment before cadastral registration is prohibited (but the procedure can be carried out along with registration of the transaction).

There is no need to re-register for subsequent transactions. However, this is required when carrying out redevelopment or reconstruction work. When the characteristics of an apartment or non-residential premises change, the corresponding changes must be made to the Unified State Register of Real Estate. To do this, you need to order a technical plan, contact Rosreestr or the MFC.

Registration of a country house as a property 2020, step-by-step instructions

Until March 1, 2020, only a house for which a building permit had been issued could be recognized as a residential building, and if documents were issued for it before March 1, 2020, then permission to put the facility into operation was not required.

Why register a country house if you own the land?

While the bill is being considered and has not entered into legal force, registration of residential and garden houses is carried out by receiving notifications from the administration. But after the bill comes into force, it will be possible to register garden houses again using a simplified system until March 1, 2020.

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For land plots, the “dacha amnesty” has been extended until 2020. However, it is advisable to immediately submit documents to register rights to land and buildings, since this is an interconnected process. When submitting notifications for individual housing construction and the construction of buildings, citizens will still have to prove the legality of land ownership, survey the site and determine its boundaries.

What documents are needed for cadastral registration of a house and apartment?

Registration of a capital construction project or premises is carried out using the following documents:

• statement;
• technical plan;
• legal document;
• notification (for individual housing construction);
• citizen's passport or organization registration documents.

Cadastral registration of land plots for apartment buildings is carried out on the basis of a boundary plan. Also, Law No. 218-FZ allows for the entry of data into the Unified State Register of Real Estate on the basis of a judicial act. For example, in case of bankruptcy of a developer, you can obtain registration of rights through the court. Samples of the main documents that will be required to apply to Rosreestr can be found in the table below.

Cadastral registration must also be carried out after redevelopment in the premises of apartment buildings. The basis for such work is the project.

If the apartment is not registered in the cadastral register, what should you do?

Yes, you can. To check via the Internet, you need to go to the official portal of Rosreestr and select “Reference information on real estate online” .

All information about real estate is contained in the state cadastre, where it is assigned a unique number . To find out whether information about real estate is included in the cadastre, you need to contact Rosreestr.

An apartment building is not included in the cadastral register, what to do?

This procedure is called upon to be carried out by cadastral engineers listed on the official website of the department. Property verification is carried out on a paid basis, since engineers are not civil servants, but only have the right to carry out the procedure due to their acquired qualifications.

Registration itself does not require financial costs. The territorial departments of Rosreestr deal with issues of paperwork. You can submit the collected documents in three ways. For this purpose, branches have been created on the Internet. You can also send papers via mail.

You must personally bring the prepared package to the following government offices:

• A document confirming a person’s identity - a passport;
• Application forms can be downloaded from the Internet or taken from the authority where registration is carried out;
• In 2020, certificates of state registration of property rights were canceled, so only an extract from the state register will be required;
• Technical passport of the house;
• In order to remove the premises from the register, a special commission conducts a survey of the property and draws up an act in the established form. It will have to be submitted to the Rosreestr authority.

The apartment is not registered in the cadastral register

The apartment is not registered in the cadastral register; we made a request and received a response. There is a purchase and sale agreement for the apartment from 1992, there is a BTI technical passport from 1993, the contract bears the BTI stamp, but there is a difference in sq. m. There are less meters in the contract, more in those passports. What should I do?

you need to make a request to the cadastral chamber for a cadastral passport. They will answer that the property is not registered in the cadastral register. With this answer you need to go to the BTI. if the apartment was previously taken into account, they will prepare technical support for you.

plan with information that the object was previously taken into account. According to the technical plan, you will register it with the cadastral register (free of charge).

Just first contact the BTI to clarify all the data and talk to them, as a result of which there could be a change in area - they may be required to justify the difference

How to register an apartment in the cadastral register in 2020 - stages and cost of registration

First of all, you need to make sure whether your apartment is already registered in the cadastral register. Such data can be found on the official website of Rosreestr. If your apartment is already registered, all you have to do is go to the local cadastral office and provide three documents:

Once you have provided all the necessary documents, you can receive a passport. But here you may stumble upon a pitfall - any discrepancy in the technical passport of the apartment or data about its condition may force you to issue a cadastral passport again.

Stage 1. The apartment owner must prepare documents. The main one is a document of title, which is a privatization act, a gift or sale agreement, or a certificate of inheritance. Art. 18 Federal Law No. 218 defines the exact list of possible documents.

Registration of an apartment in the cadastral register fixes ownership. If the procedure is not completed, it is impossible to fully dispose of the property - sell, transfer by inheritance or inheritance agreement.

Registration is also important for reflecting the value of the object and regulating taxation.

What information can be reflected in a cadastral passport Sample of a cadastral passport for an apartment (click to enlarge) A cadastral passport for an apartment differs in its technical characteristics, for example, from a cadastral passport for a land plot.

In this article we will answer the following questions: what is a cadastral passport and what actions must be taken to obtain it? What information about the apartment will subsequently be reflected in it? Which authority should I contact to obtain it? and what is the cost of the procedure? Read on.

What to do if the apartment is not registered in the cadastral register - What to do if the apartment is not registered in the cadastral register - The house is registered in the cadastral register - what next

Source: https://lawcapital.ru/razvod-pri-beremennosti/esli-kvartira-ne-stoit-na-kadastrovom-uchete-chto-delat

Deadlines for cadastral registration in 2020

The deadline for registering a house with cadastral registration by the developer or the owner does not differ. According to Art. 16 of Law No. 218-FZ, all procedures will be completed in Rosreestr within 7 days. When submitting documents through the MFC, this period will be 9 days. If registration and registration of an apartment building, apartment or non-residential premises is carried out at the same time, the period for issuing an extract from the Unified State Register will be 10 days (through Rosreestr) or 12 days (through the MFC).

The procedure for registering a new individual residential building with cadastral registration

If you decide to build your own residential home on land that is yours, you must first obtain a building permit. You have built a house, all that remains is to decorate it properly. The first stage is registering a new house with cadastral registration . After completing the application, a surveyor and cadastral engineer will visit the property to inspect it. Specialists will measure the coordinates of the building's location, as well as measure the technical characteristics inside the house, using special equipment, after which a technical plan for the house . This document must include a graphic plan of the house, its detailed technical description, and a plan of the land plot on which it stands.

If the land plot on which the residential building is built is not registered in the cadastral register or its boundaries are not specified, it is necessary to draw up a boundary plan. The creation of boundary plans is also carried out by cadastral engineers certified by Rosreestr, members of the SRO, with the help of surveyors. In this case, it is desirable that geodesy, drawing up boundary and technical plans be carried out by one organization that specializes in both of these areas of activity simultaneously.

After preparing the technical plan for a residential building, the documents are transferred to Rosreestr. They must be accompanied by an application for cadastral registration, and from 2020, at the same time, an application for state registration of ownership of a new house.

What to do after cadastral registration

After receiving the EGRN extract, the owner decides what to do with the apartment or non-residential premises. An object can be excluded from the Unified State Register only if it loses its physical existence. For apartment buildings, this may be demolition due to emergency conditions, destruction due to emergency situations. Premises are deregistered after division or merger, or upon demolition of the main building.

How to find out whether a house or a separate apartment is registered in the cadastral register

Finding out whether a house is registered in the cadastral register is not difficult! Objects, such as a house or apartment, are registered in the cadastre upon completion of construction work. So:

• private houses are registered at the request of the owners after certification of suitability for habitation by the state. housing inspection;
• apartments in the MDK are registered in the complex by the developers themselves at the time the entire building is put into operation.

For this reason, it is rare to find apartments that are not included in the cadastre. Another thing is private houses, the owners of which, due to a lack of some documentation, leave registration for later. In practice, very often there are private buildings where people live that are not registered as a suitable building for habitation.

For this reason, if you are not sure that the building is in the register in the cadastre, you need to check this fact.

Online

Today, an online resource is available - “Public cadastral map”, which reflects all real estate objects.

However, it is only suitable for searching for information on private houses.

It is better to request information on the cadastre about apartments in the form of an extract.

This can be done directly on the website of the State Cadastral Service or on the government services portal.

By the address

The basic information that is necessary to find information about the cadastral register of residential premises is presented in the form of an address or cadastral number.

However, even owners do not always know the cadastral numbers of their real estate.

For this reason, it is necessary to look for cadastral information at the address of your property. As a rule, on the Public Cadastral Map the address must be indicated in a special search column. In other sources, along with the address, it is necessary to enter information about the owner and provide a copy of the passport.

List of useful documents

Documents for download:

When is a house registered in the cadastre?

Cadastral registration of private houses is carried out in the following cases:

• when building a house;
• when accepting a house as an inheritance;
• when transferring ownership of a house, etc.

In almost all cases related to the re-registration of rights to a house, cadastral registration is carried out, if it was not previously carried out.

Developer actions

Registration of the house for cadastral registration
the developer
himself . This procedure is carried out after registration of permits for commissioning.

However, not in all cases, developers register the completed house on time, as a result of which apartment owners have problems when preparing documents.

The developer does not register the house, what should I do?

As a rule, developers themselves must submit the apartment building as a whole and each dwelling in it in particular for registration. However, this obligation must be directly enshrined in the agreement between the owner of the home and the developer.

If there was no such clause in the agreement or the developer does not register the house with the cadastral register, then the owners themselves will be able to draw up cadastral documentation.

Services and prices

If you don’t know how to put a residential building or apartment on the cadastre, contact ]Smart Way[/anchor]. We will not only draw up a technical and boundary plan, but also provide support at all stages of the procedure. If necessary, we will prepare design documents for transactions. See the table for preliminary prices for services and documents. The exact cost can be agreed upon with our specialists.

Why an Apartment May Not Be Cadastrally Registered - A Lawyer Will Tell You

In Russia, to this day, there are real estate properties that, for some reason, have never been registered in the State Register database. These can be either apartments in “old” apartment buildings or residential premises in new buildings. But most importantly, they all cause a lot of inconvenience to the owners.

Firstly, without such registration of real estate, a citizen simply cannot be considered its full owner. This means that, according to the law, he has no right to dispose of the living space at his own request. He will not be able to sell it, donate it, bequeath it, or mortgage it.

Therefore, cadastral registration is the first thing that an owner should attend to when becoming the owner of an apartment in a new building after its commissioning . And when buying housing on the secondary market, the location of the property in the cadastral register is the first thing to check . And if not, you will have to bet.

What is it—registration of an apartment for cadastral registration? The procedure involves obtaining a whole package of documents, including a cadastral passport and plan.

At the same time, all information about the owner and characteristics of a specific property are entered into a single all-Russian database.

And this fact is a guarantee of the subsequent security of the owner’s rights to the apartment, as well as the basis for further taxation.

1. Why is it necessary to register an apartment for cadastral registration 2. Documents for cadastral registration of an apartment 3. Additional nuances 4. Probability of refusal