Information in the Unified State Register must be current. In part, this responsibility falls on the shoulders of property owners. After redevelopment, change of purpose of the premises or reconstruction, they are required to report this to Rosreestr.
It is much easier to make adjustments to the unified register if all documents for real estate (including the technical plan) are drawn up correctly, and the project for the changes made to the apartment (house) is properly drawn up.
Nowadays, it is much easier to legitimize a change in layout. Legislators have simplified the procedure by eliminating the need to undergo an international checkpoint and obtain a special permit.
To make changes to official documents, the owner needs to present only the redevelopment project and a technical report.
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How to make changes to the Unified State Register of Real Estate during redevelopment
If the following situations arise, it is necessary to make adjustments to the Unified State Register of Real Estate:
- The property has ceased to exist altogether (physically destroyed) or as a whole (divided into several new accounting units);
- The right of ownership has been transferred to another person (sale, inheritance, etc.). Temporary rights to real estate have arisen (long-term lease);
- The technical parameters of the object have changed relative to those recorded in the cadastral passport;
- Errors and inaccuracies were found in the information contained in the Unified State Register of Real Estate.
The owner of an apartment, house or plot may change as a result of any transaction, however, this legal action does not entail changes in the technical parameters of the property.
In this case, only the following set of information is entered into the Unified State Register:
- Grounds for changing the owner (individual or legal entity);
- New list of property owners;
- The form of law established in relation to the object (equity, joint, etc.).
How to order a cadastral passport online?
Read about the validity period of a cadastral passport for an apartment here.
How to make changes to the cadastral passport, read the link:
The listed information is entered on the basis of an application received from the persons participating in the transaction. The latter are required to present title papers, an agreement and a receipt for payment of the state fee.
If the parameters of a house, apartment or plot have changed, then the process of making adjustments to the Unified State Register will become much more complicated.
Cadastral registration is carried out on the basis of a previously drawn up boundary (technical) plan. These documents record the changes that have occurred in the properties and parameters of the registered property.
You can order the creation of a technical plan from a cadastral engineer. You should only contact someone who has the appropriate certificate and is listed as an employee of a private company.
To prepare a new boundary plan (technical plan), do the following:
- Look at the list of certified cadastral engineers in Rosreestr and choose the one with whom you will work;
- Conclude a contract agreement with him for the required cadastral work;
- Hand over to the cadastral engineer the papers that served as the basis for changes in the parameters of the real estate (acceptance certificate and approved design documentation for redevelopment);
- Allow a specialist to enter the room or area to take measurements and visually inspect;
- Wait until the cadastral engineer prepares all the documentation in accordance with the concluded agreement.
After registering the changes made in the new boundary or technical plan, the specialist sends the information to Rosreestr. Sending is carried out via the Internet.
To receive the completed papers, you need to make sure that the corresponding clause is in the contract agreement with the cadastral engineer.
Individuals and legal entities who own real estate and wish to make changes to the characteristics of the property in the Unified State Register of Real Estate can do this by:
- Personal visit to the Rosreestr office;
- Visits to the MFC;
- A single portal of public services on the Internet.
In addition to the application, the owner will be required to provide title documents for the house, apartment or plot and papers confirming the legality of the grounds for making adjustments to the Unified State Register of Real Estate.
Redevelopment
Redevelopment is a change in the configuration and area of a room, which is recorded in the technical passport. Redevelopment of apartments, houses and other premises can be carried out by both individuals and legal entities - the approval procedure is identical for them.
! According to the Housing Code of the Russian Federation, any reconstruction and redevelopment of premises requires approval and legalization. All changes made are reflected in the registration certificate for the premises, which is issued by the BTI after the inspection, and must also be registered with Rosreestr.
It is necessary to legalize redevelopment before conducting any real estate transactions:
- sale,
- donation,
- use as collateral,
- privatization of real estate.
The Moscow Regional BTI carries out:
- legal advice on reconstruction and redevelopment issues;
- preparation of projects for repair and reconstruction of existing buildings;
- preparation of projects for redevelopment of premises;
- support of the approval procedure;
- three-dimensional architectural design and modeling of houses, cottages, shopping and office centers, open-plan apartments, engineering facilities, communications.
Coordination and legalization of redevelopment
Before starting renovation work to change the configuration of the premises, it is necessary to obtain permission from the Department of Architecture and Urban Planning, that is, agree
redevelopment of apartments and other types of real estate. To do this, it is necessary to prepare a redevelopment project, which will reflect the planned changes.
For a number of changes, work can only be carried out after approval of the redevelopment; if this is not obtained, there is a high probability that after the repair it will not be possible to legitimize the changes made. If the administration or housing inspectorate finds out about illegal redevelopment, the owner faces a fine and a decree on the mandatory restoration of all changes made to their previous form. If it is impossible to carry out restoration work at the expense of the owner, the property may be put up for auction.
If the redevelopment of an apartment or other premises was carried out without approval, and there are no violations of construction requirements and standards, the change in configuration can be legalized
upon completion of repair work.
Redevelopment of premises with approval is carried out as follows:
1. Preparation and approval of the redevelopment project
2. Carrying out repair work in accordance with the agreed project
3. Coordination of the completed redevelopment with the administration and registration of a technical passport for the premises with the new configuration
4. Putting an apartment or other premises into operation with new characteristics of the object.
! The redevelopment project is carried out by design organizations licensed by SRO. The document is carried out on the basis of current legislation, building codes and regulations, depending on the purpose of the object and the work being carried out. After drawing up, the redevelopment project is signed by the chief project engineer (CIP) and the chief project architect (CAP) who completed the project.
The Moscow Regional BTI develops and prepares project documentation to approve the project and legitimize the illegal redevelopment of residential and non-residential premises, prepares an act on the completed redevelopment and submits documents with updated information for registration to Rosreestr.
To prepare documentation for approval
redevelopment of an apartment and other premises requires the following package of documents:
1. Technical passport before redevelopment
2. Sketch (project) of the desired redevelopment
3. Title documents
To legitimize
already carried out redevelopment, the following documents are required:
1. Technical passport before and after redevelopment
2. Title documents
Document preparation period – from 10
working days.
! Before concluding a contract for the provision of work on the coordination and legalization of redevelopment, MOBTI specialists must familiarize themselves with the planned or already made changes . If violations of building rules and regulations are found, no work will be carried out.
You can order approval or legalization of the redevelopment of an apartment and other premises in MOBTI as follows:
► in one of the MOBTI branches or Consulting Centers throughout the Moscow region
► by phone hotline +7
Advantages of the Moscow Regional BTI:
► Extensive experience in the field of property and land relations. MOBTI has been providing real estate services since 1927.
► Moscow Regional BTI is a state institution that can guarantee the quality of the services provided. If controversial issues arise, MOBTI is ready to provide assistance and assistance to its customers.
► All MOBTI specialists carrying out cadastral, geodetic and other work have the necessary qualifications, experience and are members of specialized SROs
► The Moscow Regional BTI carries out all types of cadastral and inventory work. MOBTI provides about 70 services
in the field of registration, registration, assessment, translation and examination of real estate.
► Having your own archive of more than 3.8 million
real estate objects
► Modern equipment, own vehicle fleet.
► More than 100 reception points
throughout the Moscow region.
► Providing legal advice on reconstruction and redevelopment issues
► Employees of the State Budgetary Institution of the Moscow Region “MOBTI” are members of the majority of commissions of local government bodies of the Moscow Region that make decisions on the approval of the reconstruction and redevelopment of premises.
► Provision of services at the place of application, and not at the location of the property
► Free on-site reception and transmission of documents throughout the Moscow region
► Availability of an office in the center of Moscow, 3 minutes from Mayakovskaya metro station: Oruzheyny Lane 15A
State duty for making changes to the Unified State Register of Real Estate
Amendments to the Unified State Register are made only after payment of the state fee for the service.
If the changes concern a change of owner, then the payment to the treasury is 2000 rubles. For owners who wish to record changes in the characteristics of an object, the fee is 200 rubles.
However, this amount may be more or less, depending on the type of property. This should be clarified in advance with Rosreestr or the multifunctional center where it is planned to formalize the changes.
Registration of a redevelopment project in the State Real Estate Cadastre
- Seal
After the development of the redevelopment project and its approval, it is necessary to make changes to the State Real Estate Cadastre. This article provides information about the real state of affairs with the registration of redevelopment projects in the State Property Committee in Moscow as of the beginning of 2020 - we have just successfully registered the redevelopment of the building and can share fresh impressions and advice.
It is necessary to make changes to the State Tax Code in the following cases:
1. After the redevelopment of the property has been carried out (redevelopment of an apartment, non-residential premises, building)
2. After the reconstruction of the property
3. Changing the area of the object
4. Elimination of technical errors that arose during the transfer of data from the BTI archive to the GKN archive.
Today, through the efforts of officials, this simple procedure, as it may seem at first glance, has been turned into a long and tedious epic. Even if the owner, tenant or their representatives have all the necessary documents for the redevelopment (order for redevelopment from the Moscow Housing Inspectorate, commissioning act, completed redevelopment act, BTI documents, technical plan, certificate of ownership), willy-nilly they will have to enter into a months-long correspondence with Rosreestr, which will issue refusal after refusal, as well as make various “suspensions”.
The practice is that even if you have all the necessary papers, officials will still consistently issue 3-4 refusals with “suspension” of registration. However, if you are patient, take the time and persistently eliminate non-existent and far-fetched problems, then after 6 months you can receive a new cadastral passport and certificate of ownership.
According to the presumption of guilt imposed by officials, the owner, in the process of registering a redevelopment, will have to prove himself that everything is in order, bring various documents, write letters and go to consultations, which are most often useless.
An approximate scheme of work for registering redevelopment:
1. Order a cadastral passport and an extended extract from the cadastral passport from the archive to see exactly what information is available on the building. Compare the area of the object according to the certificate of ownership, according to the latest BTI documents and according to data from the State Property Committee, also check the layout of the object according to the State Property Committee archive and according to the BTI data.
2. Eliminate errors in the GKN information, if any. To eliminate errors, again, you need to write an application to Rosreestr. Many owners made mistakes when transferring information about real estate from the BTI archive to the state real estate cadastre.
3. After eliminating errors in the State Property Committee information, it will be possible to order a technical plan with a declaration and make changes to the cadastral passport of the building, and then receive a new cadastral passport taking into account the redevelopment.
Points 2 and 3 can be performed simultaneously.
Let's give an example of registering the redevelopment of a room with an area of 100 square meters. m.
- the area of the property according to the certificate is 100 sq.m.
- The area of the object according to the State Committee for Taxation is 95 sq.m.
- area after redevelopment according to new BTI documents - 102 sq.m.
When making changes to the State Tax Code, officials will have many questions. In particular, where did the extra 7 sq.m. come from? You will explain that during the redevelopment work, partitions were demolished, wall cladding was dismantled, but the external boundaries of the premises remained the same. This, by the way, is a standard situation - when remodeling a room with an area of about 100 sq.m. may occur about 5 sq.m. additional area due to demolished partitions, columns, etc. They will write to you in response that “these changes in area relate to reconstruction” and require other approvals. And you will write to them in response that this is an ordinary redevelopment, carried out according to the law, for which all the necessary permits have been obtained from the Moscow Housing Inspectorate and these changes have been legally registered in the BTI... etc., etc....
This is the practice. Be patient - if you hit the same point for a long time and methodically, you can win in just 6 months. We made it.
The process of making changes to the cadastral passport of a real estate property
Of course, it would not be too smart to throw the previous passport in the trash after each change of ownership and start drawing up a new one. This will take a lot of time. Therefore, the passport is subject to change. Information about its new owners is entered into it and the passport is sent to you within a very short period of time.
- First of all, you collect documents and do not forget to scan them.
- The second, as in the method described above, pay the state fee and scan the receipt or other payment document.
- You register on the state registry website and enter the name in the search column.
- The next step, the site will ask you to fill out an application in the form of a questionnaire, which contains not only information about you, but also about your real estate property.
- Once the application form is completed, attach documents to it electronically and submit for review.
- When your document is accepted for consideration, you will be notified by email.
How to obtain a cadastral passport after redevelopment
Hello, please tell me how to make changes to the cadastre (to increase the area), if during the redevelopment these changes were not immediately made (the redevelopment was made in 2001 by the previous owners). In our hands we have only two plans of the apartment before and after the redevelopment, as well as an order from the administration to approve the redevelopment; the old owners did not give us any more papers. Now the certificate of registration of ownership indicates the area that was before the redevelopment. We need to correct this error. Also, the BTI tells us that the redevelopment has been legalized according to their data, but allegedly they did not transfer the information to the cadastre at the time, and now they do not have the opportunity to transfer this data. Give me some advice please =(
We recommend reading: Which houses were included in the capital repair program in 2020
Making changes to the cadastral passport of a real estate property (apartment)
Dear Margarita! If you entered into an inheritance (wrote an application within 6 months from the date of opening of the inheritance) or actually accepted the inheritance (that is, took on the burden of maintaining the property), then from the moment of opening of the inheritance (from the date of death of the testator) you are the owner of this property on the basis p4 art. 1152 Civil Code:
In order to bring documents into compliance, namely the certificate of inheritance and the cadastral passport, you have the right to submit an application to Rosreestr to amend the cadastral passport of the property. If there is a refusal (written), you can challenge it in court as unlawful.
