Cadastral passport for non-residential premises, building in Moscow

All articles

22425

2020-03-13

Errors, typos, and inaccuracies found in the extract from the Unified State Register of Real Estate require correction. The material presented will tell you how to make changes to the Unified State Register, where to apply, when you can get a new statement and how much it will cost.

Changing the cadastral passport of a land plot

Changing the cadastral passport of a land plot is one of the main areas of our activity. Highly qualified specialists will prepare all the necessary documentation in the shortest possible time and help you draw up an appropriate application.

A cadastral passport is an important document that is necessary in solving various legal problems, for example, purchase and sale transactions, registration of deeds of gift, inheritance cases, property rights, etc. In addition, the information in the cadastral passport of a land plot in certain cases needs to be changed, for example, if the land layout has changed. Amendments must be made, otherwise problems with the law may arise. To avoid unpleasant situations, contact our experienced lawyers.

Making changes to the technical passport of the building

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.

By the deadline specified in the receipt, you must appear at the cadastral chamber or MFC (depending on where the documents were submitted) and, upon presentation of your passport, receive a cadastral passport, which will take into account all the required changes. From this moment the procedure is considered completed.

We recommend reading: Until what age does a child stay in the hospital with his mother?

Making changes to the cadastral registration of a land plot

land owners;
persons to whom the land belongs by right of inheritance;
persons who have the right to unlimited use of the site;
persons in whose favor there are restrictions and/or encumbrances on the land;
representatives of the categories listed above who have a notarized power of attorney from them to carry out actions to make changes to the cadastre;

In accordance with Federal Law No. 210, since 2011, caducity bodies have switched to interdepartmental information cooperation, which means that they can request and receive information from other government bodies. Therefore, such changes do not require the owner to contact or submit an application.

Instructions for making changes to the cadastral passport of a land plot

If an error is corrected on an application, the process is similar to what we described above. Typically, an application is submitted by the owner in the event that the boundaries of his property are violated during land surveying without reason or notice. This situation occurs if the land plot was registered in the old-style cadastre before 2008. To correct the situation, it is necessary to carry out the survey again.

Within 5 days after finding an inaccuracy, a decision is made to correct it, and the cadastral record is brought into actual compliance.
The next day after the decision is issued, a copy of the internal order and the current cadastral passport are sent to the owner.

How long is a cadastral passport for a land plot valid?

Sections B3 and B4 provide information about parts of the site and the encumbrances imposed on them, as well as the right to use parts by third parties (if, for example, power lines run through the site and electricians have the right to unhindered access to them). The land for rent, seized or confiscated fragments of the site are also indicated. Part B3 is textual, B4 is graphic. If there are no encumbrances on the land, then these sheets will be missing.

We recommend reading: Simple apartment rental agreement sample 2019

The legislation does not establish a specific validity period for the cadastral passport. It is believed that it is valid indefinitely. However, if some territorial changes have occurred on the site or if the owner has changed, then changes must be made to the document. In some cases, when transferring ownership rights, banks require “fresh” passports - that is, documents no older than 5 years. This requirement may be due to caution on the part of bank employees. However, the Registration Chamber will not require a new passport if all the data specified in it is still relevant to this day.

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.

We recommend reading: How and Where to Change SNILS When Changing Your Last Name

The list is approximate; it can and will be expanded on an individual basis. So, for example, if the premises are subleased and the redevelopment is not legitimized by the owner, the subtenant’s documents and a power of attorney will be required confirming the latter’s rights to such manipulations. In general, obtaining a registration certificate in such conditions is a very complex process that takes a lot of time and nerves.

Cadastral passport of a land plot: methods of obtaining and changing

After filling in all significant fields, you will be asked to enter a security verification code and proceed to the stage of filling out the required information about the applicant. Here you will indicate your passport details, full name and consent to the processing of the provided personal data.

After this, a notification is sent to your email , which will contain the information necessary to pay the state duty . You can make payment using QIWI payment terminals or using any bank card.

How to proceed to obtain a cadastral passport of a land plot

The basis for obtaining a cadastral passport for land is the availability of data about the site in the cadastre. Accordingly, if there is no information about the site in the cadastre, the authorized body will not be able to issue this document to the applicant. The issue is resolved by entering data into state records based on available data about the site.

A document of title for the right to own a land plot.
Passport proving the identity of the person making the request.
Power of attorney of the applicant's representative (state bodies accept only notarized powers of attorney for individuals).
Receipt for payment of state duty.

How to correctly submit an application for amendments to the cadastral passport

On the appointed day, you should appear at the authority that carried out the procedure for making changes to the cadastral passport, present your passport and the issued receipt to receive the corrected documents, after which they should be transferred to Rosreestr. This completes the procedure.

errors that arose as a result of the inattention of cadastral service employees and led to inconsistency of information (for example, typos, grammatical errors, arithmetic inaccuracies) - correction of such errors will not cause problems and occurs easily and quickly;
errors that were made at the very beginning of the land surveying procedure and registration of cadastral documents by engineers, which resulted in distortion of the characteristics of the land plot in cadastral registration documents - these errors are quite difficult to correct, since in most cases it will be necessary to re-carry out the land surveying procedure and registration of all documents.

What documents are required to make changes to the cadastral passport?

Technical passport from BTI;
If the technical characteristics of the property have changed, a conclusion from the cadastral engineer who inspected the property may be required;
Passport of a citizen of the Russian Federation;
Title documents;
Court decisions, independent expert opinions (if any).

To obtain an exact list of required documents, you must contact one of the following organizations:

Multifunctional center in Moscow;
Cadastre and Registration Center "Star-Service";
Territorial office of Rosreestr;
Bureau of Technical Inventory.

Some BTI services require payment, and only after providing a receipt, cadastral engineers will agree with you on the time of the inspection.

Algorithm for contacting the BTI:

Preliminary consultation on amending the cadastral passport;
Payment for BTI services (if required);
Contact the BTI with a written statement, a receipt and a statement of the essence of your problem.

On the appointed day, cadastral engineers will come to you and carry out the necessary examinations or measurements.

To check the correctness of the changes, you can order a cadastral passport online, which will already contain new information.

What is the state duty for a cadastral passport of a land plot?

In addition, it is practiced to send a cadastral document in electronic form (Article 23 of Federal Law-221). It is important to remember that the cadastral department can issue a reasoned refusal to register and issue a passport if the boundaries of a given land plot are not specified or overlap with neighboring plots.

Sale of land or private house located on the site.
Registration of ownership rights to land plot.
Donations by agreement, transfer by inheritance or exchange of land (agreement).
Construction of a residential building or commercial structure on land.
Transfer of land as collateral or insurance.
Resolution of legal disputes regarding land ownership.
Drawing up a contract for renting a plot.
Contribution of land as a contribution to the authorized capital of any company.

We recommend reading: How does a gift agreement differ from a deed of gift?

Making changes to the state real estate cadastre

there is a need to register a new building or land plot;
the property has rightfully passed to another owner;
the object was destroyed because it was subject to demolition;
the building is put into operation;
structural changes occur;
the registration procedure is not necessary for those objects that were reflected in the old register; only new ones
the information will be reflected in the updated database.

Rosreestr will handle the state registration of real estate.
bodies of territorial departments will receive documentation and applications from owners, which will subsequently be sent to the main body;
territorial services also have the right to make amendments and make decisions, issuing information to citizens who contact them on paper.

How to make changes to the land cadastral passport

After submitting the above documents, registration takes 5-10 working days, after which you can apply for the result directly to the local registration authority or the MFC. The application can be made in person, through mail or a government services website.

passport of a citizen - the owner of the site; his representative must additionally have a power of attorney certified by a notary. The documents must be in the original for review by the cadastral authority specialist and in the form of copies that remain with him;
an application filled out according to the existing template. Ready-made forms are available at the cadastre authorities and at MFC branches, where specialists help fill them out. The Rosreestr website also has sample applications, which are located in the “Cadastral Activities” section. After filling out this document in one copy, it is signed by the applicant in the presence of a cadastre employee or a specialist from a multifunctional center;
documents confirming ownership of a specific land plot. Their main type is a certificate of ownership, but if it is absent or outdated, you can submit supporting documents, such as a sales contract, technical passport and others. The original must be presented to the specialist, it is returned to the owner, a copy of the document remains for further consideration;
a document containing information about changes that have occurred in a given area. In each individual case of changes relating to a site, a specific document must be presented: the boundary plan contains updated and changed information about the land;
decisions of authorities to change the category of land are contained in the document “land transfer”;
the assignment of a new type of use of a land plot contains a resolution of the relevant authorities;
decision of the authority to change the address of the specified site
other documents and regulations.

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

Submit documents to Rosreestr by visiting the department or using the services of the MFC. In cases provided for by law, it is possible to send documents to Rosreestr in electronic form. To do this, the interested party must have at his disposal a qualified electronic signature, the necessary software (for example, cryptographic software), hardware (for example, a key carrier for an electronic digital signature, a scanner for preparing electronic versions of documents, communication tools). But, it should be noted that a completely electronic format of communications with Rosreestr is unlikely. It makes sense for the owner of the premises to focus on traditional channels of interaction with the department.
Wait for Rosreestr to carry out examinations, approvals, inspections - if they are required based on the specifics of the applicant’s request.

Prepare a set of documents. As a rule, it consists of:

technical passport of the premises;
a current extract from the Unified State Register of Real Estate, which reflects the old area and former address of the reconstructed building;
documents on the basis of which the reconstruction of the building was carried out;
project documentation;
technical reports.

Interesting read: Law on obtaining a certificate for cores in the Chernobyl zone

Making changes to the cadastral passport of a real estate property

the boundaries of the registered property cross the boundaries of a site located nearby and previously registered;
the boundaries of the registered property extend beyond the boundaries of the municipality;
the package of documents provided is incorrectly filled out or in an inappropriate form;
documents are not presented in full.

Passport of a citizen of the Russian Federation or other identification document.
Power of attorney certified by a notary (for the owner’s representative).
A document that confirms or establishes the owner’s rights to a plot of land, house, apartment, non-residential premises and other objects:
certificate of inheritance;
certificate or decision on the right of use;
lease contract.
Technical (land survey) plan of a plot of land.
Documents that confirm the permitted use of the land, as well as the purpose of the building (residential or non-residential). Issued by the local administration.

Make changes to the cadastral passport for non-residential premises changing the area

To conduct real estate transactions, we initially need to collect a number of documents. One of them is the cadastral passport of a real estate property (a plot of land, an apartment or other premises) that has been registered. Because it is where the basic information regarding the property is stored. They are identical to those contained in the GKN bases. When changes occur, they should also be recorded in a document. Otherwise, they will not be recognized as legal, and problems may arise when selling an apartment or plot of land.

Since 1999, we have been providing services for coordinating the redevelopment of apartments and non-residential premises - reviews from our clients;
We provide reliable guarantees for the completion of work;
we have our own staff of professional designers, cadastral engineers and specialists in coordinating redevelopment;
We apply an individual approach to each client;
Possibility of on-line payment by credit cards
We offer a step-by-step payment system.

We recommend reading: Bailiffs describe property according to registration