On state registration of rights to real estate Article 18. State technical inspection of buildings, structures and (or) their components

Legal side of the issue

The registration certificate is not a legal document. It contains information (text and graphic) about the main parameters and characteristics of the living space obtained during the inventory, and is necessary for carrying out transactions with housing.

The receipt procedure is regulated by:

1. Order of the Ministry of Economic Development No. 449, which determines the procedure for recording residential premises and issuing documents for them.
2. The relevant provisions of the articles of the Civil Code and the Housing Code of the Russian Federation governing the transfer of rights to real estate and registration of transactions with it.
3. Federal Law No. 218. It contains a list of institutions that must be contacted to register rights and receive documentation confirming them, and also determines the legal status of the TP.

The validity period of the document is not directly specified in the law. Previously, the legislation contained a provision on the mandatory re-issuance of the registration certificate every 5 years. Today, the document is updated in cases where it is required to be presented to legal entities or individuals who have established certain validity periods for the TP.

But in the case when the living space was purchased on the primary market, the owner is responsible for independently obtaining a registration certificate and paying related expenses. In addition, mandatory re-registration is provided if the apartment is redeveloped.

Municipal authorities are also vested with the right to issue regulations regulating issues related to the technical passport.

From 2020, registration certificates for real estate will no longer be issued.

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Director of the Department of Land Cadastre and Technical Inspection of Real Estate - a branch of the non-profit joint-stock company State Corporation "Government for Citizens" in the Atyrau region Mura Karzhauov reported on the work done for 11 months of this year, and also answered questions from journalists at the Regional Communications Service.

The news that came from the mouth of the head of the department was that from the beginning of 2020, the primary state technical inspection of real estate - new apartments, private residential buildings, garages, dachas - will not be carried out, which means no technical passport will be issued. It will be necessary if there is a redevelopment or change in the original design of a new building, in which case registration and receipt of a technical passport for real estate will be required. But in the future, for the convenience of citizens, registration certificates will be transferred to electronic format. As we understand from the words of M. Karzhauov, a proposal is currently being discussed at the top levels of government agencies in Astana to completely eliminate the registration and issuance of technical passports for real estate.

Mura Karzhauov answered a number of questions regarding the work of the government agency he heads.

– People ask why it is necessary to carry out a technical inspection of any buildings that are located in the courtyard of private houses, including extensions, including even toilets. What does this give to the state? How are these types of events regulated? In your speech, you mentioned that these issues can be resolved before the sale of the property, including the preparation of technical certificates for real estate objects.

– State technical inspection is regulated by the Law of the Republic of Kazakhstan “On State Registration of Rights to Real Estate” and the resulting standards and rules for state technical inspection. Firstly, this is the legalization of all buildings in the courtyard of private houses or redevelopments. Secondly, it affects taxation in the region as a whole. That is, taxes are calculated from the main building (house) and auxiliary buildings that are located in the yard. Then it all adds up. In theory, this event is of a spontaneous nature; we are not obligated to come in and oblige someone, to beg anyone to do it. A person, as a conscientious citizen, must conduct a state technical inspection and subsequently register the property. In other words, he must organize all his buildings legally.

As for redevelopment of apartments, this is fraught with certain consequences. There are negative examples when houses collapse, as, for example, happened in Karaganda. Therefore, I repeat, any redevelopment must be legalized. You must have permission to carry out redevelopment from the competent authorities. Subsequently, everything must be registered.

– Explain again why technical certificates will not be issued for new buildings? It turns out that according to the new changes, all technical passports will switch to electronic format or be canceled altogether?

– As I said before, the changes concern the initial technical examination. Those real estate objects and housing construction that were built for the first time will not be inventoried in the future. They will not undergo state technical inspection. For example, before building a house, a citizen must have a preliminary design and an architectural permit for the construction of such and such a house. After this, the citizen builds a house, a garage, an extension according to this project, exactly, without any deviations. And comes to us through the Public Service Center. Our technicians enter all this technical data on its structure into the state real estate register database, performing the technical part of the process. After this, the person again goes to the Public Service Center, fills out the acceptance of the building according to the established form, which is available on the websites of government agencies, and registers the property. All this, of course, greatly reduces the procedures for registering any real estate. And although the law was adopted in April 2020, it has not yet entered into force. Today, many of its standards are being finalized and must be approved by the Government. And I repeat once again, subsequent technical inspections of new buildings are carried out when redevelopment is carried out. Or, for example, when another building was built in the courtyard of a new private house.

– Does your department provide any additional services for assessing the emergency conditions of housing? And is the provision of such services prescribed in any legal norms?

“Unfortunately, we, as a government agency, do not deal with this; our main function is assigned to the state technical inspection to fulfill customer requests. And based on their requests, we draw diagrams and enter technical parameters into the state database. We also do not assess the accident rate of housing and buildings. For this purpose, there are private licensees and expert organizations; this area is in a competitive environment. In addition, I would like to say that within the land cadastre we are also involved in some functions that are in a competitive environment. For example, drawing up a land project and establishing boundaries. Other licensees also provide such services.

Timur Kaziev

Design rules

In the application for obtaining a registration certificate for an apartment, the citizen indicates the purpose of its registration. This determines exactly what package of documents you will need to submit:

• if we are talking about an apartment rented from the municipality, to confirm the right of use it is necessary to submit an account number to the HOA or housing and communal services;
• When registering inheritance rights, it is necessary to submit a document confirming the fact of death of the owner of the inherited home, as well as documents identifying each heir. You will also need a document certifying the right to inheritance and a certificate of opening an inheritance case from a notary's office;
• To carry out privatization, it is necessary to produce a technical passport of form No. 7. It contains information about the technical parameters of a specific apartment and the entire residential building. In this case, documents confirming the applicant’s right to privatization must be submitted;
• if the document in question is drawn up in connection with redevelopment, then the list of required papers depends on whether the owner has carried out redevelopment (permitted or unauthorized) at the time of application or wants to obtain permission to carry it out. A request from the Department of Architecture and Urban Planning is required;
• If the owner entrusts the registration of the technical passport to another person, then it will be necessary to present the owner’s passport and a notarized power of attorney.

When it comes to updating a document, you should call a specialist to take measurements of your home. These data form the basis of the technical passport, which will contain information about:

• real location of the property;
• a citizen who is a home owner;
• inventory value of the apartment;
• basic characteristics of the home. When the technical passport is initially produced, it does not include information about the date of the overhaul, but indicates the date on which construction was completed and the house was put into operation. This information is transferred to the data sheets when updating;
• the name of the institution that produced the registration certificate. The stamp and signature of the employee who prepared the registration certificate must also be affixed, as well as a note indicating that the data has been entered into Rosreestr.

It usually takes 2-3 weeks to prepare the document. Also, BTI or other organizations that produce technical passports, for an additional fee, can prepare and issue technical documentation in an expedited manner.

Where to order a cadastral passport for an apartment? Procedure and deadlines for registration

• certificate of ownership;
• social rent order or agreement;
• house acceptance certificate (for new buildings);
• agreement with the developer;
• technical passport issued by the BTI authorities, with changes made during redevelopment;
• coordination of redevelopment with fire and sanitary safety authorities.

This document is often confused with a technical passport, but this is not the same thing. Since 2014, the technical passport has been replaced by a technical plan, which is issued by the same BTI. The technical plan contains detailed information about the construction parameters of the property and serves as the basis for registering the premises with the cadastral register. It is from this that information is entered into the State Property Committee.

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Where to get it?

The issuance of technical passports is carried out by the BTI, where all applications for the issuance of technical passports, which are prepared after the inventory, are sent.

The owner of the property can order a technical passport by submitting an application attaching all the necessary documentation and indicating the purpose of manufacturing the TP.

To order a registration certificate, the owner can resort to the help of the following organizations:

1. MFC. The application is submitted by filling out a form issued by the institution, after which the request with all attached papers is submitted to the BTI. In this case, the issuance will occur a few days later, but the application procedure is significantly simplified. Receipt of TP also occurs at the MFC.
2. BTI. In addition to the opportunity to submit an application with all the documents, the Bureau can also immediately arrange for a specialist to visit the property to inspect the property.
3. Online portal "State Services". On the website, you must fill out an application in the appropriate section and attach electronic documentation to it. The site also provides the opportunity to choose the method of delivery of the registration certificate.
4. Firms involved in the preparation of documents for the public, by contacting the office or through the company’s website. You will have to pay a little more, but the document will be issued in an expedited manner, in addition, the citizen will be spared the need to collect documents on his own.

Technical passport and cadastral passport are the same thing

A technical passport is a primary document containing all the detailed information about a specific real estate property. Accordingly, the technical passport is the main document on the basis of which a cadastral passport can be provided.

In fact, the direct responsibility of the developer is the need to obtain technical documentation for the entire house, but not for all the individual apartments that are located in it. A technical passport for a house is the basis for issuing other technical documentation for a specific residential premises in it.

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Price

The price for this service consists of the cost of paying state duty and paying for the services of BTI employees. On average, the state duty ranges from 1,000 to 4,000 rubles. The final cost is influenced by the region, the characteristics of the housing, the urgency of production, the complexity of the work on measuring and assessing the living space.

State duty can be paid to:

• BTI departments;
• jar;
• by bank transfer according to the details of the contractor.

The receipt of payment of the state fee must be kept.

Technical passport and cadastral passport of difference

The owner comes on the appointed day and picks up the completed documentation. You only need to take with you your passport and the receipt received from the BTI employee. After this, you can carry out any transactions for the apartment. A date is placed on the registration certificate, which indicates how much time has passed since registration.

For example, in the first case, the area is rounded to the nearest square meter, and in the second - to hundredths of square meters. This happens because in the first case there is no need for such a thorough indication of data, and in the second, an accurate reflection of technical information is mandatory and is determined by the meaning of the technical passport.

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Why do you need a registration certificate for an apartment?

When purchasing real estate, you should make sure that the dimensions and configuration of the premises correspond to the data stated in the advertisement. Legally significant documentary evidence is a technical passport. If inconsistencies are subsequently discovered, the buyer will be able to convincingly prove his case during the trial.

Similar information is needed in the following situations:

• receiving an inheritance;
• division of property into shares between several owners;
• implementation of the privatization procedure;
• preparation of an expert opinion on cost.

Housing redevelopment

Separately, you should consider obtaining a technical passport for an apartment for redevelopment.

If the TP is “new” enough, then the owner chooses the first option of the request. In addition, the management company itself, which services the entire residential building, also stores the registration certificate. In some cases, you can get a copy of this document there.

Why do you need certificates and documents from the BTI?

Certificates from the BTI may be needed for registration of redevelopment and real estate transactions: privatization, registration of ownership, sale or purchase of real estate and land.

The procedure for obtaining a technical passport for an apartment in 2019

The registration certificate is an important document necessary for the property owner during the initial registration of ownership rights and in other situations.

In some cases it is absolutely necessary. Otherwise, the law does not stipulate that a technical passport must be obtained, however, it may be useful at the request of other persons.

Why do you need a registration certificate for an apartment, what do you need to do to get it?

Technical passport and cadastral passport for the apartment

All this confusion about which document and what its functions are, which one is more important and mandatory, leads to the fact that citizens have little understanding of this issue. However, our company provides all the detailed information and also helps in preparing cadastral registration documents. So you can order a cadastral passport from us in just 30 minutes.

You can find out whether you need to obtain a registration certificate for an apartment when selling it, as well as how to order it at the BTI or via the Internet from our articles. Are they interchangeable? Cadastral passport for an apartment, technical passport - do they replace each other? These two documents have different purposes. Therefore, there is no point in replacing one with the other. After 2010, when registering ownership of, for example, housing, it is not necessary to issue a technical passport.