Registration of an apartment for cadastral registration in 2020

Registration of an apartment in a new building for cadastral registration

The most logical and effective way is to go to court in order to speed up the cadastral registration of a new building.
You should not be afraid to take such a step, because many shareholders seek justice in obtaining ownership of real estate in this way. True, with one caveat: their interests, as a rule, are represented by competent lawyers. Our lawyers are fully capable of this type of task. In order to act as the real owner of the living space, it is not enough to have the keys to it and even live in it. You can become the legal owner only after the certificate of ownership is ready. Without this document, it is impossible to dispose of square meters at your own discretion: sell, bequeath or donate.

Registration of new buildings in the Unified State Register of Real Estate

After a residential building has been commissioned for operation, there comes a time when the new building is registered in the cadastral register. When the developer directly contacts the specialists and pays the state fee, the owner of the apartment receives a set of documents with a unique number already assigned in the Unified State Register of Real Estate.

Registration of a house in shared ownership in the cadastre

If future residents are participants in shared construction, then they must themselves exercise their right to transfer part of the building into ownership and register it. Registration begins with their receipt of notification of the completion of construction, putting the house into operation and ends with the signing of the acceptance certificate. All shareholders receive from the developer a plan of residential premises with their full characteristics. Based on it, the cadastral engineer draws up a technical plan after taking the necessary measurements and gives it to the owner of the apartment. After submitting an application with documents to the local authorities of the State Register, the new building is put on cadastral registration, then data about it becomes publicly available when accessing the state database.

New rules for cadastral registration of apartments in a new building

The requirement to register ownership of an apartment in a finished building is presented to the arbitration court when a bankruptcy case is initiated for the developer. In addition, participants in shared construction have the right to demand the transfer of the finished object to them in the courts of general jurisdiction, if bankruptcy proceedings have not yet been introduced against the developer.

Cadastral registration of an apartment in a new building is one of the mandatory steps in confirming the owner’s rights to a newly built object. The obligation to undergo cadastral registration can be assigned to both the developer and the buyer of new housing, this depends on the specifics of the construction of the property.

Cadastral registration of the house by the developer

To do this, you need to submit an application for cadastral registration and several documents: a technical plan of the apartment, a power of attorney (if a representative applies for the application), a copy of the title or title document for the apartment: in this case, this is a share participation agreement and an apartment acceptance certificate (Part. 1 Article 22 of Law No. 221-FZ). A shareholder can independently order a technical plan for an apartment from a cadastral engineer or from a company that has at least two cadastral engineers on its staff (Article 33 of Law No. 221-FZ). But in practice, shareholders still mostly receive refusals (including due to the lack of technical plans for buildings).

It is not yet clear whether the shareholder must attach a technical plan of the building (a copy of the permit to put the facility into operation) to the application if the developer has not submitted these documents to the cadastral chamber.

Why doesn't the developer register the house with the cadastral register?

Rosreestr does not have the technical capabilities to process a huge number of documents that are submitted to multifunctional centers. In addition, this government agency lacks employees. Therefore, today there are companies that provide registration services for any real estate in all instances. Registration of an apartment in a new building with the help of the services of such a company in the cadastral register occurs if all the necessary papers are available.

Every day a large number of people involved in shared-equity construction apply to the judicial authorities. They come with complaints against the construction organizers, the essence of which is that the developer organization does not register the house or apartment with the cadastral register. Experts explain this by the inability to obtain a registration number without documents, the production of which requires financial expenses. Unexpected spending of money is of no interest to development organizations, so they do not take any action.

The house is rented but not registered in the cadastral register

Based on his own measurements, he draws up a technical plan and writes it to a disk with his electronic signature. Then the information is submitted to the state real estate register (Rosreestr) and you just have to wait for the new property to be registered. Moreover, Rosreestr combined the work of two previously interconnected but separate structures - the State Real Estate Cadastre (GKN) and the Unified State Register of Rights to Real Estate and Transactions with It (USRP).

The problem is that due to the presence of actually two overlapping structures, information about the cadastre was duplicated, which often led to confusion and complication of the registration procedure. After completing all the necessary procedures, the developer is issued a passport, which contains complete and detailed information about the new house. However, as a rule, these actions are often slowed down, since the government agency has little interest in registering and entering data about an apartment building into the Unified State Register of Real Estate. The division of common real estate between all owners, and the registration of individual apartments, is primarily of interest to shareholders who intend to resell the property, which requires the preparation of all documents, including cadastral documents. In such cases, shareholders and apartment owners can initiate land surveying and enter data about the property into the Unified State Register of Real Estate, by submitting an application to form a plot, or to clarify data about the land plot. We will tell you how to do this later. Procedure: Registering a house with the cadastral register is in the interests of the owners, therefore the decision to carry out registration actions must be made within the framework of the meeting. Government of the Russian Federation dated November 24, 2005 No. 698 “On the form of a construction permit and the form of permission to put a facility into operation”) there is no information about buildings provided for in Article 7 of Law No. 221-FZ, which allows you to define real estate as an individually defined thing. And such information, as specified in Part 3 of Article 1 of Law No. 221-FZ, is required for state cadastral registration (letter of the Ministry of Economic Development of Russia dated November 1, 2013 No. D23i-5279). This gap should be eliminated by the order of the State Construction Committee dated 04/08/13 No. 115/GS “On approval of the form of a construction permit and a form for putting a facility into operation”: the new form contains the information necessary for registering a building without the participation of the copyright holder. The order has not yet been registered by the Ministry of Justice.

Cadastral registration of housing: more problems for shareholders

And on October 1 (after Federal Law 250 came into force), another innovation appeared: apartment buildings and all the premises located in them must be registered in the cadastral register at the same time. It would seem that the problem is solved. But the same 250-FZ made it possible for buyers of new buildings to independently carry out cadastral registration of their apartments, without waiting for the entire house to be registered. “The building is registered in the cadastral register along with all the premises located in it (apartments, buildings, public facilities). However, an exception was made specifically for apartments - they can be registered earlier than the house itself,” explains Sofya Sokolova, a lawyer in the real estate and investment practice.

We recommend reading: Conditions of the young family program 2019 Tula

“In accordance with Part 3 of Article 8 of Law 214-FZ, a permit to put the house into operation is sufficient to transfer an apartment. That is, the shareholder has the right to refuse to sign the acceptance certificate of the apartment only if the share participation agreement specifically provides for the developer’s obligation to register the premises with the cadastral register,” says Vera Ryabova.

Register the apartment with deadlines

State registration of the agreement for participation in shared construction, concluded by the developer with the first participant in the shared construction of an apartment building and (or) other real estate, is carried out within ten working days from the date of receipt of the application and documents required for state registration of the agreement for participation in shared construction, the obligation to the submission of which is entrusted to the applicant, state registration of subsequent agreements for participation in shared construction of the same apartment building and (or) other real estate is carried out within a period of no more than five working days. After completion of construction, the cadastral registration of an apartment building must include the simultaneous cadastral registration of all premises in this building (Part 4.1 of Article 25 of the Law of July 24, 2007 No. 221-FZ), i.e.

In general, since 2013, the procedure for registering a new building with the cadastral chamber includes the simultaneous registration of residential and commercial premises. Accordingly, the shareholder does not need to independently prepare the document. However, the developer may delay the process and, if a citizen wants to quickly obtain ownership rights, it is worth resolving the issue on his own.

08 Feb 2020 juristsib 723

Share this post

Benefits for pensioners on electric trains and railway transport in 2020
Residence permit in Russia 2020 Income
Tambov How Electricity is Calculated for Public Needs in 2020
Subsidy for House Construction in 2020 How to Get

State registration of housing: innovations-2013

From January 1, 2013, the procedure for state registration of commissioned objects, including apartment buildings, has changed. The updated procedure up until October looked like this. First, the developer ordered a technical plan of the house from the body responsible for technical inventory or from the cadastral engineer. Then he put the object on the cadastral register. After assigning a cadastral number to the house, the second stage began: it was necessary to order separate technical plans for each residential and non-residential premises in the building and also put them on cadastral registration. Only after this, apartment buyers were given the opportunity to register ownership rights to the purchased housing in Rosreestr.

From the beginning of January to the end of September this year, the market experienced a kind of transition period: the registration of apartments with cadastral registration was left to the discretion of developers. Many construction companies saved money: they ordered measurements and a technical plan of the building from a cadastral engineer, received the cadastral number of the property and considered their obligations to customers fulfilled. According to the Federal State Budgetary Institution FKP Rosreestr, since the beginning of the year, 44 houses have been registered in St. Petersburg, but cadastral passports of individual premises have been issued in only half of them.

Who should register an apartment in the cadastral register?

If the house is built and the developer has received a certificate of ownership, then his responsibilities include registration of the apartment. If the house is still under construction and an agreement on the assignment of rights under the DDU has been signed, then after signing the transfer and acceptance certificate, all the registration will fall on your shoulders.

Registration of new building ownership

Identity card for shareholders - passport for applicants over 14 years of age and birth certificate for minors, power of attorney with the participation of a representative
Application for registration of property rights. This document will be prepared for you by an MFC specialist. (Rosreestr no longer accepts applications, the MFC has instructed) Minors over 14 years of age submit applications independently, but in the presence and with the permission of a legal representative - parent, guardian, adoptive parent
The act of acceptance and transfer of ownership of the apartment in a number of copies equal to the number of shareholders plus one to Rosreestr.
Equity participation agreement (DDU on paper, no need to provide electronically)
Pay the state fee for registering property rights 2000.0 rubles. If shared ownership is registered - in equal shares for everyone according to their personal passport. The legal representative pays for minors.
Marriage contract - when registering shared ownership of legal spouses

We recommend reading: Benefits for Kindergarten for Military Personnel

Registration of new building ownership

Registration of ownership of a new building : The document of title (establishing ownership) that confirms the emergence of the shareholder's right of ownership is the Certificate of Acceptance and Transfer of Ownership of the Apartment.

You can complain to the prosecutor's office about the inaction of officials and violation of the law when putting the house into operation. At the same time, you can complain against the developer if he has not submitted the necessary documents, but this is only if his company is still alive and has not been liquidated.

Cadastral registration of an apartment: necessary documents

In addition, registering an apartment involves issuing the necessary package of documents, which includes a certificate of ownership, a cadastral passport and a plan. All characteristics of a property and information about its owner are entered into a single database, available throughout Russia, which protects the rights of owners at the state level. Also, the task of accounting is to determine the cadastral value of the apartment, which is not a stable indicator, and to calculate taxation. Avoidance of the latter entails serious administrative liability.

registration of ownership rights to housing in a new building;
registration of an apartment that was purchased on the secondary market;
registration of a mortgage at the bank, when you need to present documents to obtain it;
checking the legal purity of a secondary market property;
redevelopment of living space;
resolving conflicts in court.

We recommend reading: Pension according to list 2

We carry out removal and cadastral registration of apartments

“PRAVOZEM” - we have the shortest terms and extensive experience in cadastral registration of residential real estate, including apartments purchased on the primary and secondary market. Both the technical plan and accounting will be completed within 10 days , it is possible to accelerate and receive the technical plan within 3-5 hours.

Registration records for the most part concern not the real estate itself, but the citizens living in it and affects issues of registration or registration. Obviously, before registering in an apartment, it is advisable to register it in your name.
Technical accounting provides for the reflection in documents of the technical characteristics of residential premises and its inventory value in graphic and text form. Based on this information, the compilation of a cadastral passport is already being implemented.
Cadastral registration involves a full description of the apartment, including its technical characteristics and location, as well as the determination of the cadastral value, which is close to the market price of housing and is the basis for calculating real estate taxes from 2020.

What is a cadastral passport (extract)?

Previously, a cadastral passport was issued for apartments, houses, plots and other objects, consisting of two sections and made in A4 format. The first part contained information on the object, and the second part contained graphical data. Starting from 2020, the passport has been replaced with an extract from the Unified State Register of Real Estate, which provides basic information about the property, namely:

Personal apartment number (assigned at the time the property is registered).
Location of housing (address).
The number of floors in the house and the square footage of the apartment.
Year of construction of the building.
Property price. The calculation is carried out taking into account the area of the apartment and the current market price.
Number of balconies and loggias (if any).
Day of the last examination.

See also: Construction industry development strategy: main challenges

On the 2nd sheet of the statement there is a graphical representation of the property.

Registration of an apartment for cadastral registration

Registration of an apartment for cadastral registration is not as difficult as it seems at first glance. Cadastral registration is, in its internal essence, not only and not so much the registration of property, real estate including the country, but its accounting and control over it. It doesn't matter who owns it. It is not only registered, but also taken into account.

passport. If a representative acts on your behalf, then a power of attorney is issued to him, naturally certified and only notarized;
registration certificate;
technical plan from BTI. It consists of a descriptive part, that is, the composition of the housing is described in words, and a drawing of the apartment as a whole and the premises separately;
statement. There is a form by which it is filled out;
a receipt confirming that the state duty has been paid by you. It is paid when required. If you have to pay, a receipt accompanies the application.

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

Registration of an apartment for cadastral registration is the process of generating technical and cadastral passports with the subsequent registration of persons registered in the apartment. The result of registering an apartment is the receipt of a cadastral passport. We will look at all the nuances and features of obtaining it in this article.

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: