Grounds for Making Changes to the Technical Data Sheet

Technical passport for non-residential premises

The law establishes that each premises must be registered with the local BTI. For this purpose, an application is submitted and a special technician is invited. It records all the data on the premises, this data is subsequently used as the basis of the technical passport. It sounds simple, but in reality it looks problematic. Almost every owner rebuilds his premises, adjusting them to his needs. At the same time, half of the owners and tenants do not think that this redevelopment will then have to be legalized and it is not a fact that this will be possible at all. Compliance with the original technical plan is the main part of the technical passport. If even one partition or opening is not where it is marked and you have not submitted an application to clarify your data, then you will face a lawsuit. Only the court will be able to remove the self-building, which the technician will inevitably put up if any, even minor, redevelopment is discovered. You need to know that the law has become stricter and now even the elimination of storage rooms is considered a refurbishment that needs to be legalized.

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How to register a redevelopment in BTI

1. First, you will need to contact the BTI to obtain a floor plan and certificates in forms 1-A and 5.
2. Then, with the prepared documents, you need to go to a specialized office to draw up a project.
3. Next, you will need to draw up an appeal to local government bodies (Housing Inspectorate).
4. You will need to hire a repair crew to carry out the work.
5. After completion of the redevelopment work, acceptance is carried out. A citizen should contact the BTI and order a specialist to visit the site. A competent employee will inspect the premises and also take measurements necessary to make adjustments to the plan.
6. You will need to contact the SES and fire supervision. Authorized employees will assess the premises' compliance with all established standards.
7. You need to contact the BTI and order the production of a new registration certificate there.
8. In the event that the area of ​​the object has changed after the work has been carried out, a new title document will need to be drawn up.

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Many citizens of our country carry out redevelopment in order to improve the appearance of their residential premises. However, this type of transformation of real estate differs from reconstruction. The latter concept includes the replacement of utilities, as well as plumbing equipment.

Making changes to the technical passport

Currently, the form of the technical plan and the requirements for its preparation for different types of real estate have been approved. So, in accordance with these requirements, the annex to the technical plan must contain either a technical passport for this object, or a declaration of the copyright holder, which, in particular, must indicate information about title documents, which again may not exist. While OTIs issue technical passports, this problem is being solved, although it is not at all clear what to do if the preparation of technical passports stops (after all, now it is not mandatory). However, even now the Cadastral Chamber, in addition to the technical passport, in my opinion, does not legitimately require the attachment of a declaration containing information about the title document, thus depriving the non-owner of the opportunity to register the object with the cadastral register.

The concept of “reconstruction” and “redevelopment” of residential premises

It is important to consider that not any change in the equipment of a residential premises is recognized as its reconstruction. The main criterion according to which a change in the equipment of a residential premises can be recognized as a reconstruction is the need to make changes to the technical passport of the residential premises. Similarly, with reconstruction, redevelopment is not any change in the configuration of a residential premises, but only one that requires changes to the technical passport of the residential premises.

Legal regulation of issues of unauthorized reconstruction and redevelopment must be considered in conjunction with the provisions of Art. 222 of the Civil Code of the Russian Federation on unauthorized construction. In a legal sense, the difference between unauthorized construction and unauthorized redevelopment lies in the end result of illegal actions, namely the creation of a new property. In case of unauthorized redevelopment (reconstruction) of a residential premises, a new property is not created, only the technical characteristics of the residential premises are changed, but this does not exclude the possibility of the appearance of a qualitatively new residential premises. In this regard, I agree with the opinion of S.V. Morgunov that the norms of Art. 222 of the Civil Code of the Russian Federation is directly applicable in cases where an authorized body of state power or local self-government demands that non-residential premises be brought back to their previous condition, and the owner - in court to declare recognition of his right to an unauthorized redesigned premises. This approach is not applicable to residential premises.

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The procedure for making changes to the cadastral passport of non-residential premises

Any interested and authorized person had the opportunity to make changes to the cadastral passport of non-residential premises before changes were made to the regulatory legislation, which came into force in 2020. As a result of these innovations, cadastral passports are no longer used, but, nevertheless, the law provides for documents that perform a legal function identical to them, as well as procedures for amending the relevant documents.

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Redevelopment and reconstruction of residential premises

• Currently in Art. 7.21 of the Code of Administrative Offenses of the Russian Federation establishes liability for violation of the rules for the use of residential premises, which can be expressed, in particular, in unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises (Part 1 of Article 7.21 1000 - 1500 FINE) or unauthorized redevelopment of residential premises in apartment buildings (Part 2 of Article 7.21 2000 - 2500 FINE).
• It should be noted that actions for unauthorized conversion and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article, but also under Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness.
• The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

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Currently, the application form approved by Decree of the Government of the Russian Federation of April 28, 2005 N 266 “On approval of the application form for the reconstruction and (or) redevelopment of residential premises and the form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises” is used.

Technical passport for non-residential premises

1. It is necessary to contact the BTI and PIB authorities. They provide services for a fee. It is important to know that only property owners and tenants can obtain this document.
2. Provide the authorities with the documents required by law.
3. Fill out an application. It must contain the purpose of obtaining a registration certificate. If you need a duplicate or the technical passport is simply lost, then you need to fill out an application in form number 3 without calling a technician. But when the planning has been done or the technical passport is obtained for the first time, then form number 4 is filled out with the obligatory call of a technician.
4. Pay the state duty established in your region.
5. The employee will check your documents, he will set a date for receiving the technical passport and, if necessary, a date for calling a technician to the apartment. You must obtain a receipt from the employee. It confirms acceptance of your documents. To receive a technical passport on the appointed day, it must be presented at the window along with your passport.

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Most apartment layouts are far from ideal. There are two terms: reconstruction and redevelopment. Reconstruction - transfer and replacement of utility networks, sanitary, technical, electrical or other equipment. Redevelopment - changing the configuration of a room.

Based on the results of the project, you will be given a decision to refuse or approval of redevelopment. If the decision is positive, you need to submit an application for acceptance of the redevelopment; if the work performed does not correspond to the declared work, such work will be considered unauthorized; if the premises are not returned to their original condition within a reasonable time, the court may recognize the redevelopment as either legal or not. If the court finds the redevelopment illegal, it may decide to sell the premises at public auction.

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How to update technical passport data - MKD

Cadastral registration of a real estate property is carried out according to the rules of Federal Law dated July 24, 2007 N 221-FZ and Federal Law dated July 13, 2020 N 218-FZ. Cadastral work can be carried out by cadastral engineers and state technical accounting or technical inventory organizations that had the appropriate rights on December 31, 2012.

Get a copy of the MKD technical passport

The first step you have to take is to obtain a copy of the MKD technical passport. To do this, contact the executive authorities of the constituent entity of the Russian Federation or the organization that has entered into an agreement with the executive authority of the constituent entity of the Russian Federation for the storage of technical passports, assessment and other documentation:

• registration books,
• registers,
• copies of title documents.

• application for production (written on the spot or send an application online);
• identification document;
• receipt for payment of services;
• certificate of ownership of the property;
• For privatized premises, certificate No. 7 from the passport office is required.

The technical passport of a real estate property displays the necessary information about the characteristics of the premises and buildings. Many organizations, when conducting transactions, may require a technical passport for inspection, carrying out examinations for repairs or assessing real estate for sale.

Reason for changes

When constructing a real estate property, the final stage is conducting an inventory. The result of a technical inventory is the production of a technical passport, which displays all reference and informational information about the property.

It is worth understanding that despite the apparent identity of these documents, the law requires the owner to have these 2 documents. They not only differ in content, but also serve different purposes.

The law does not provide for time restrictions on these documents, but even less, the registration certificate has to be changed. But this has nothing to do with the validity period of the documentation, but is determined by the time frame during which the cadastral passport will be relevant. After five years, after registering the property with Rosreestr, the technical plan and passport for the building will have to be changed.

Technical plan and technical passport - what is the difference?

In addition to technical specifications, this document contains a schematic representation of the premises. At the initial stage, all parameters are marked with black lines; if a major overhaul with changes in parameters is carried out during operation, they will be displayed in the drawing with red lines. All changes must be agreed upon and signed by a representative of the competent government agency.

1. Sample application. The form itself can be obtained from the cadastral registry office, or it can be printed from the website and viewed on the Rosreestr portal. The application contains a separate line indicating the applicant’s contacts - this is done for effective feedback;
2. Passport. A copy of the passport is submitted, if the copy is submitted by a representative with the assurance of the owner, then an addition is required in the form of a notarized power of attorney;
3. Confirmation of ownership of the object. As a rule, such a document is a certificate of ownership, a real estate purchase agreement, or a technical passport. Original documents are provided against a receipt with a stamp, then returned, and copies are destroyed after use.
4. Documents confirming the technical parameters of the changes. Precisely the parameters, but the actual change. For example, if a load-bearing wall breaks, then the parameters of walls, ceilings, etc. are indicated.

1. Technical parameters that are considered to be basic, that is, height, width, area, supporting structures, windows, etc.;
2. Legal or descriptive address where the property is located;
3. Amount of cadastral valuation;
4. Functional purpose of the area;
5. Object name;
6. Percentage balance of preparation of unfinished object.

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Deadlines

• registration documents were submitted by a person who does not have the right to do so. Let's say a person who has not received the owner's power of attorney;
• An incomplete list of documents has been provided or there are inaccuracies in the documentation that negatively affect the display of all parameters of changes;
• the changes violated the law. In this case, all paperwork moves to other authorities.

1. If the apartment was received under a lease agreement with the municipality, the tenant submits an account number to the HOA or housing and communal services as evidence of the right to use.
2. When registering the right of inheritance, you will need to attach a document confirming the death of the owner who transferred the property, as well as identification cards of all heirs. The main evidence in this case is a document on the right of inheritance; you will also need a certificate from a notary about the beginning of registration of the inheritance.
3. When carrying out privatization, you need to order a technical passport of form 7. It contains the technical parameters of this apartment and the entire residential building. To do this, you need to submit a document according to which the citizen has the right to take ownership of the apartment.
4. As for redevelopment, the set of documents changes depending on whether it has already been carried out (with permission or without permission), or whether the applicant just wants to get approval to carry out the work.
5. If, instead of the owner of the apartment, a trusted person requests a registration certificate, he will need to provide the passport of the owner himself and a power of attorney (necessarily certified by a notary).

How to obtain cadastral and technical passports of a residential building? Is it the same thing or not?

1. Log in to your personal account by entering your username and password.
2. Choose among the proposed bodies the Federal Service for State Registration, Cadastre and Cartography.
3. Click on Obtaining information entered into the state real estate cadastre.
4. Fill out a standard application according to the provided template with empty fields for entering data.
5. Designate the place where the result will be received (Rosreestr, MFC, by mail).

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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.