A capital construction project is...

OKS in the cadastre is: the concept, registration procedure and features of this procedure

Buildings are real estate objects, the purpose of creation and operation of which is aimed at organizing residential areas, places for storing things, keeping animals or organizing enterprises. Examples of such objects include apartment and private buildings, non-residential and warehouse premises, barns.
Structures are real estate objects that are more complex in terms of engineering and communications organization, usually located both above and below the ground. The creation of such OKS is aimed at the extraction of any resources, their transportation or achieving similar goals. Examples of such objects include gas pipelines or oil rigs.

A document is drawn up with division into the relevant sections and saved on electronic media in the form of an electronic file, which must be certified by the electronic digital signature of a cadastral engineer. The prepared technical plan for official registration and entry into the cadastre of information about the object is provided to:

Capital construction: features and characteristics

Information is recorded in legal registers. The concept has a number of features and requires a more detailed analysis.

Buildings include residential buildings, warehouses. Structures are distinguished separately. The name is given to real estate objects that are more complex in terms of engineering and communication organization and are located above or below ground. Such real estate is created for the extraction of resources, transportation or achievement of similar purposes. Examples include gas pipelines and oil rigs.

Is OKS a type of real estate? So, as mentioned earlier, OKS are real estate objects that require completion.

If it is recognized as temporary, then under no circumstances will it go into OKS. These premises require official registration.

The owner can still make transactions with his real estate, but the documents must indicate the number indicated in the passport, even if the area of the premises actually has different dimensions. If the difference is small, then it is not critical. As a rule, this will not create problems for the owner, nor for the potential buyer.

Technical characteristics of a capital construction project, including its area, are mandatory data of the object, which are entered into the State Real Estate Cadastre (from 01/02/2017 - Unified State Register of Real Estate) when it is registered in the cadastral register. In this regard, very often there are disagreements between the data in the State Real Estate Cadastre - GKN and the Unified State Register of Rights - USRE.

Error in the cadastre and its correction

According to the source of origin. This includes inaccuracies caused by government agencies; operator's; arising during data conversion, when entering information into documentation, database; appeared due to poor quality processing of source data.
By types of cadastre data. This may include inaccuracies that were made when determining and entering the value, category of land, area, boundaries and their rotation, type of land use, etc.
By type of responsibility for correcting inaccuracies. This includes errors that have already caused harm to copyright holders and third parties due to their actual application, as well as errors that have already been made, but have not yet gone into further work.

The Oktyabrsky District Court of the city of Rostov-on-Don, by its decision dated March 17, 2020, recognized the presence of a cadastral error in the State Property Committee and decided to correct it. The plaintiff requested changes in the State Real Estate Cadastre due to the fact that the boundaries of a plot of public land are displayed incorrectly and cause an overlap with the boundaries of his plot, and also lead to a reduction in the area of his property and the inability to enjoy all the rights of the owner.

Making changes to the cadastral registration of a land plot

Location (that is, the address, and in its absence, a description of the location).
Data on rights to the site and their owners to the extent contained in the Unified Register of Rights.
Information about restrictions and/or encumbrances, as well as in whose favor they are established.
If restrictions are not valid for the entire site, then data about the part for which they are valid.
Data on the cadastral value of land, as well as the date on which such value was established.
Data about natural objects (reservoirs, forests, etc.) that are located on the site.
Category of land.
Type of permitted use (purpose) of the site.
Contact information for communicating with the owner or person who has the right of lifelong ownership of the land;

Boundary plan (for those situations when changes are made to the parts describing the location of boundaries and area of the site).
The original and a copy (notarized) of a document that confirms the resolution of a land dispute about boundaries (if the boundary plan does not contain information about the approval of the boundary in the required manner).
The applicant's passport (as well as a notarized power of attorney if the documents are submitted by a representative).
A document certifying the applicant’s authority to speak on this issue (if the State Tax Code does not indicate information about the registered right).
The original document that establishes or certifies the applicant’s right to the land plot. When a document is accepted by the caducerate authority, a copy will be made of the document with the stamp “original presented.”
A document that confirms the type of purpose (for those cases when changes are made to this part of the land information).

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Oks it's in construction

Attention

The grounds are located on the ground and are its adaptation for the purposes of physical education and sports. In this case, these structures were created exactly in this form, which corresponds to their functional purpose[7]. Structures also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated complexes of engineering structures[8 ].

There are no legislative definitions of the concepts of “structures” and “unfinished construction objects”.

buildings

.
As previously in the legislation of the RSFSR, the term “structures” is used as a general concept of buildings and structures[9].
The provisions regarding unauthorized construction apply to the unauthorized reconstruction of real estate, as a result of which a new object has arisen (in this case, the court obliges the person to demolish the unauthorized reconstructed real estate only if it is established that the object cannot be reduced to its existing condition before such work is carried out) and do not apply to relations associated with the creation of unauthorized constructed objects that are not real estate, as well as redevelopment, reconstruction (re-equipment) of real estate, as a result of which a new real estate object was not created[35].

OKS area

We all get involved in real estate legal transactions from time to time. This could be redevelopment, an examination of the technical condition of the apartment, or a mortgage - for this, the owner always needs to have a number of documents on hand. In this case we are talking about cadastral and technical passports. It’s worth figuring out what these documents are, why they are needed, where and how to get them. In the worst case, the owner of the property will not be able to carry out any transactions with his property, and this is fraught with many troubles. For example, it will not be possible to urgently sell a living space or evict a tenant from an apartment without a passport - you will still have to get one.

cadastral registration of newly constructed structures (residential and non-residential structures);
cadastral registration of various premises (rooms, apartments, garages, etc.);
cadastral registration of unfinished construction objects (if you need to quickly register the right to a given area);
changes in real estate cadastre information about registered capital construction projects.

And also how to speak correctly about these identities.

To determine the cadastral value of the OKS, one of the parameters is the area. For this reason, during the work, technical errors in OKSs in the area value were identified and corrected. Technical errors identified in the information contained in the State Property Committee database were submitted for analysis and correction to cadastral registration authorities. Work was also carried out on incorrectly matched objects.

Liability for violation of the permitted use of a capital construction facility is not provided for by law.

The result of this process will be the acquisition of a cadastral passport or a cadastral extract of the property.

If we talk about order, it should be in everything - this also applies to the information contained in the Unified State Register and State Property Committee databases. Of course, I would like this information to be relevant, not contradictory, and harmonious. But often, despite their unity, the unique characteristics of the OKS (capital construction facility) are contradictory in terms of the technical description of the facility. Why???

It is cadastral registration that is primary, before registering rights to a capital construction project.

Technical plan: how to get a technical plan for a house

The technical plan contains textual (descriptive) and graphic parts, and the conclusion of a cadastral engineer. It is drawn up in xml format, recorded on electronic media and certified with the electronic seal of a specialist. The electronic digital signature contains the number of the cadastral engineer’s qualification certificate. If erroneous information is found in the document, the specialist who compiled and certified it will bear responsibility.

The cost of producing a technical plan for a house in our company, as in others, is individual for each specific case and depends on many factors. Therefore, the minimum price for developing a technical plan for a house will be from 14 tr. You can find out more about the prices for the technical plan in the services section: technical plan.

What is the OKS technical plan

for carrying out cadastral registration of newly constructed buildings and structures (residential buildings, non-residential buildings, linear objects, etc.);
for carrying out cadastral registration of premises (rooms, apartments, garages and other premises);
to carry out cadastral registration of unfinished construction objects (due to the need for urgent registration of rights to this object);
to make changes to the information of the real estate cadastre about the registered OKS (after redevelopment, reconstruction, etc.).

According to the amendments made by Federal Law No. 250-FZ of July 23, 2013, from October 1, 2013, technical plans are provided to the cadastral registration authority in the form of an electronic document (on an electronic medium), certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such a plan.

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Oks what is this in construction

You can find such a specialist either in the BTI at your place of residence, or with the direct help of employees of this government organization.

The powers of such a specialist include two mandatory things:

Drawing up or checking an already drawn up technical plan for compliance with the real state of affairs.
Certification of this plan, naturally, taking into account that it is drawn up in accordance with the current legislation of the Russian Federation.

Requirements for the form and preparation of technical documentation of this kind are presented in numerous orders of the Ministry of Economic Development of the Russian Federation “On approval of the form of the technical plan of the OKS and the requirements for its preparation.”

Technical plan

2) previously assigned state registration number (cadastral, inventory or conditional number, if such a number was assigned in accordance with the procedure established by law by the body authorized to assign such a number), the date of assignment of the corresponding number, as well as information about the body (organization) that assigned such a number, in the absence of such information, the specified line is not filled in;

7) the address assigned in the prescribed manner, and in its absence - a description of the location of the premises in a structured form indicating the name of the subject of the Russian Federation, the municipality (including the type of municipality), the locality (city, village, etc.), streets (avenue, highway, lane, boulevard, etc.) - if available, building (structure) number. If the premises in a building or structure do not have an assigned numbering, each room on the floor is assigned a number that is not repeated within the building (structure). The numbering of rooms on the floor (if there is no numbering in the building (structure)) is carried out clockwise, starting from the leftmost staircase, when placing the main facade of the building (structure) on the Floor Plan parallel to the bottom edge of the sheet;

What is included in the area of the common property of an apartment building?

the area of common property in an apartment building before January 2020 was 210 sq.m., since January, with new accruals, the single property tax amount is 385.4 sq.m., question: what is included in the common property and how is the area of common property calculated February 10, 2020, 22:36, question No. 1534782 Valentina, Novocheboksarsk Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (2) 87 answers 30 reviews Chat Free assessment of your situation Lawyer, Novocheboksarsk

Kostroma Free assessment of your situation Good evening! The total area of all premises of an apartment building includes the area of residential premises, non-residential premises and the area of common areas. In Art. 36 of the Housing Code of the Russian Federation contains a list of property included in the common property, in addition, the Rules for the maintenance and repair of common property (Resolution No. 491) indicate in more detail what property is included in the common property, including in paragraph.

Since what period have changes to the Oak Area been carried out according to Technical Plans

It should be noted that when changing the owner and registering the right to a property or land plot, you do not need to submit an application to the cadastral chamber. In the process of interdepartmental interaction, data about the new owner will be included in the cadastre. After some time, you can order a fresh cadastral passport; the owner must update.

All applications for changes to cadastral registration are accepted by the Cadastral Chamber. You can contact the branch closest to your property and submit documents. If the facility is in Moscow, you can contact the multifunctional center. However, you will have to wait 5-10 days longer for a response. This is a payment for convenience - after all, everything is sent to the Cadastral Chamber anyway. This usually happens once a week. Therefore, if you are in a hurry, contact us directly.

Who needs a passport for a capital construction project and why?

If you still want to make changes to the Civil Code, invite a cadastral engineer, he will take measurements and submit the data to the Cadastral Chamber along with an application for cadastral registration of changes.

This introduces even greater uncertainty in the issue of proportionality of the site, which the city, represented by the Department of City Property (DGI), is ready to agree on for the property.

For premises in buildings constructed according to standard designs from prefabricated prefabricated structures with a standard layout on the floors, it is allowed to determine the areas by the basement, first and standard floors. For subsequent floors, the area can be taken as standard, with the exception of rooms in which there are layout changes.

Note that reconstruction, significant redevelopment or expansion of buildings and structures also transfers them to the status of capital construction projects, which requires certain registration.

The procedure for making changes to the state real estate cadastre

change in the area of the land plot;
change of address or location description;
change in cadastral value;
the appearance or disappearance of new objects within the boundaries of the land plot;
change in the category of land or purpose of real estate;
change of name;
establishment of restrictions on property rights (encumbrance);
completion of construction.

Document the changes that have occurred.
Receive an extract from the cadastre confirming the non-compliance with the existing situation (paid service).
Contact Rosreestr with an application and required documents.
Obtain a new cadastral passport for the property.

What is the difference between a cadastral passport for an apartment and a technical passport?

Contains primary information for entering information into Rosreestr.
Assigned exclusively to buildings.
Serves for technical accounting of real estate.
Some utility services and taxes are calculated on its basis.
Based on the technical plans, decisions are made to carry out major repairs of the building.
Required when obtaining permits for redevelopment of an apartment, supply of utilities.

When registering the inheritance, it turned out that the cadastral passport indicated the area of the apartment was 1 sq. m. m and the cost of an apartment with an area of 1 sq.m. The notary does not accept the cadastral passport. The Cadastral Chamber does not correct the passport with the true area and cost of the apartment as of October 16, 2020 (the day of the testator’s death) (it cannot change the base now). She refused to respond to a request to correct a technical error due to her lack of inventory records. BTI responded to the letter from the cadastral chamber that everything had been transferred to them. BTI offered to give me copies of the required documents for 600 rubles. Can the cadastral chamber itself re-receive the documents? Will this solve my problems (for 600 rubles): get a cadastral passport with the true area and cost of the apartment as of October 16, 2020. Help, please. 6 months have already passed. The notary advises you to write a refusal and go to court.

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How is cadastral registration carried out and how much do such services cost?

Registration . Any real estate transactions without a certificate of state registration of rights are impossible, and to obtain this certificate a cadastral passport is required. If you do not have a certificate of state registration of rights, then in any case you will first have to register the property with the cadastral register.
Removal from the register . It is necessary to deregister real estate after its destruction (for example, if the house was demolished or was destroyed by a natural disaster).
Alteration . Any changes in the characteristics of the property must be reflected in the cadastral passport. Changes are necessary after any structural changes to the site, house or apartment. Redevelopment, adding another floor to a country cottage, changing the boundaries of the site - all this requires changes.

Previously, cadastral registration was carried out on the basis of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”. But on January 1, 2020, the Federal Law of July 13, 2020 No. 218-FZ “On State Registration of Real Estate” came into force. And now, in fact, cadastral registration is carried out simultaneously with the registration of property rights.

How to make changes to the state cadastre

Regarding the simultaneous deregistration and new registration, it should be noted that, as a rule, such situations arise during the global redistribution of real estate or when several objects are involved in the process. When making the necessary changes to the cadastre, only minor alterations occur. For example, if as a result of the reconstruction of a building the area has increased by 10 sq.m., then of course this is a change in the cadastre. If an extension to the building was erected, requiring separate commissioning, then the original building is removed from the cadastral register and the entire complex is staged at once (the older ones are the rear ones, plus the extension, as a single object).

it is cost-effective (when sent by mail, all documents must be certified by a notary, plus postal services);
there is feedback (you can get clarification and advice from a specialist on the essence of the issue, and if there are any errors that could lead to refusal, they can be eliminated on the spot, which will save time and nerves);
no additional technical means are required (when applying via the Internet you need to have an electronic signature, etc.).

26 Jan 2020 etolaw 273
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