Removal from cadastral registration of a real estate property: grounds, procedure for removal

Land status

Any land plot that is included in the Register and has a cadastral passport is an object of ownership. Each plot has its own individual characteristics, which are then included in the cadastral passport and distinguish such a plot from other similar ones.

Cases when a land plot can be assigned this type of status:

• All real estate objects for which there is data in the State Cadastral Register, until the time when such real estate is registered by the owner, will be considered temporary. Interesting fact: if the right of ownership, which was acquired as a result of various events, is not registered in the cadastral register within 5 years from the date of acquisition of such right of ownership and disposal, then the land plot automatically receives this status.
• In the event that such a plot of land ceases to exist as a result of certain manipulations with the land. For example, several land plots are being merged, or a land plot is being divided. The status itself appears in the cadastre within 3 days after the new rights to the newly formed plots are registered.
• In the event that a court decision was made to assign such status to the site and, thus, cease the existence of the object.

Thus, it turns out that the site can be deregistered as a result of the following manipulations with the land:

1. Changing the territorial boundaries of the land;
2. Enlargement of the site itself by combining several sites;
3. Dividing the site into several small ones;
4. In case an error was made in the cadastre, for example, double registration of a land plot.

In addition to these reasons, there may also be a reason that this land plot does not allow for territorial division with a neighboring plot. In this case, correct land surveying occurs with changes in their territorial boundaries.

What does it mean to be deregistered from the Rosreestr?

You can submit an application in several ways:

1. On the official website of Rosreestr. On the main page on the right is a list of actions that users can perform.

Sample application for removal of a land plot from cadastral registration: How to remove it The owner can submit all documents and an application to the multifunctional center or send information through the Unified State Register of Real Estate and submit an application to the MFC.

Residential (non-residential) house To remove a house from cadastral registration, the following grounds are required:

• demolition (dismantling) of a building;
• loss of a house as a result of a natural disaster (fire, flood, earthquake);
• reconstruction of a residential building, as a result of which the unique characteristics of the building change, and it is necessary to deregister the old object and install a new one;
• merger (division) of several buildings into one (several);
• application of a candidate rights holder for deregistration of a temporary property due to the lack of state registration of rights.

At the same time, the citizen retains the right to receive a land plot for free use in accordance with this Federal Law.

An object of property may cease to exist in other individual cases not prescribed by federal law.

Any land plot that is included in the Register and has a cadastral passport is an object of ownership. Each plot has its own individual characteristics, which are then included in the cadastral passport and distinguish such a plot from other similar ones.

What does the “deregistered” status mean? This means that all information in the Register has been abolished, and the plot itself has ceased to be an object of real estate, including someone else’s property.

Cases when a land plot can be assigned this type of status:

• All real estate objects for which there is data in the State Cadastral Register, until the time when such real estate is registered by the owner, will be considered temporary. Interesting fact: if the right of ownership, which was acquired as a result of various events, is not registered in the cadastral register within 5 years from the date of acquisition of such right of ownership and disposal, then the land plot automatically receives this status.
• In the event that such a plot of land ceases to exist as a result of certain manipulations with the land. For example, several land plots are being merged, or a land plot is being divided. The status itself appears in the cadastre within 3 days after the new rights to the newly formed plots are registered.
• In the event that a court decision was made to assign such status to the site and, thus, cease the existence of the object.

Contacting the cadastral chamber

As mentioned earlier, a site can be deregistered by a court decision. But often it is the owner himself who sends the request that such manipulations need to be carried out.

To do this you need:

• Write a statement of intent or request to deregister the site. The application must indicate the reason or basis for the cadastral chamber to carry out such actions;
• Attach a certificate of registration of ownership of the land plot and a cadastral passport to the application;
• Contact the cadastral chamber to take action.

By the way, you can submit documents either independently, by coming to the reception at the ward, or by sending such a package of documents by the postal operator. The main thing is to attach to the letter an inventory of what is included in the letter.

The processing time for the application is no more than 10 working days from the moment the application from the land owner is registered. But in reality, such deadlines can be extended by several days, or even a week.

Based on the results of contacting the cadastral chamber, there may be three options for the development of the event:

1. A decision will be made that the land plot will be deregistered;
2. The deregistration procedure itself will be terminated or suspended;
3. Deregistration will be denied.

And here the question arises, on what grounds can representatives of the cadastral chamber suspend the deregistration procedure?

There must be compelling reasons for this, in particular:

• Insufficiency of necessary documents attached to the application;
• Inconsistency between the information about the land plot, which is presented in the cadastral passport itself, and the information presented in the application and attached documents.

The deregistration procedure itself may be suspended for up to three months. During this period, the person is obliged to correct the mistakes made and submit a new application. Once the discrepancies are resolved, a decision will be made within 10 days. Regarding refusal to assign status, there must also be reasons. But, as a rule, such reasons are more compelling than the reasons for suspending the procedure. Thus, if it is necessary for a plot to be deregistered, then it is imperative to contact the cadastral chamber, where they can tell you what is needed, and then carry out the necessary manipulations.

The status of a cadastral object is deregistered

As mentioned earlier, a site can be deregistered by a court decision. But often it is the owner himself who sends the request that such manipulations need to be carried out. By the way, you can submit documents either independently, by coming to the reception at the ward, or by sending such a package of documents by the postal operator. The main thing is to attach to the letter an inventory of what is included in the letter.

And, for example, there have already been many cases when houses on plots allocated for individual housing construction were demolished because they were determined by all criteria to be multi-apartment buildings. Yes, in Rossreestr the house was registered as joint common ownership due to our legal illiteracy at the time of privatization.

A multi-storey building or part of it may be in disrepair. Before demolition and before removing an apartment building from the cadastral register, its owner will have to issue a number of written certificates. The invited engineer will draw up a conclusion about the unsuitability of the building for its intended use.

The status of a land plot has been deregistered: what does this mean?

Filatova Tamara (04/13/2012 at 02:25:27) Hello! The procedure for registering and removing a land plot from cadastral registration is regulated by the provisions of the Federal Law “On the State Cadastre” (hereinafter referred to as the Law). In accordance with Art. 2 of the Law, deregistration of a property is carried out on the basis of an application for cadastral registration and the documents required in accordance with the Law for such registration, submitted by the applicant or submitted in the manner of interdepartmental information interaction. The form of this application is established by the regulatory body in the field of cadastral relations. According to paragraph..4. Art.

Deregistration process

This procedure is considered quite simple, since only standard sequential actions are implemented:

• the above documents are collected;
• they are submitted to Rosreestr for consideration, for which you can bring them in person, send them by mail or, with the help of a representative, give them to the institution;
• after checking the documents, a decision is made on the basis of which the property will be deregistered or the owner will receive a refusal in this process;
• receiving a special statement indicating the completion of the procedure.

Important! The process does not take more than 18 days.

Features of deregistration of a house or apartment

If this process is required to be performed for a home, then the reason for this action is taken into account. If it is necessary to divide a building, then a land survey is carried out, and an agreement is drawn up between the owners, which indicates the shares of each owner.

If the construction of the house is completed, the temporary registration is canceled, after which the house is put into operation.

How to legalize an extension to a house? Step-by-step instructions here.

When carrying out a reconstruction that affects the quality parameters of a building, it must be deregistered and re-listed with all the changes made, which usually includes the addition of an extension.

How is deregistration and termination of rights carried out? Watch the video:

An apartment is deregistered if the building in which it is located is considered unsafe or is planned to be demolished. This process is carried out automatically after the building becomes incompetent.

If only part of the house is destroyed, then several apartments have to be deregistered. In this case, a special act and a conclusion from a cadastral engineer are required.

What is the time frame for the procedure?

Deregistration of any object is considered a fairly simple and quick process.

Important! Rosreestr employees are obliged to begin deregistering the object on the same day they receive the application with the necessary documents.

It is deregistered within 18 days, but this procedure usually does not take more than a week.

In this case, not only a positive, but also a negative decision can be made, and often the consideration of this issue is suspended for a certain period of time.

Reasons for refusal

When you contact Rosreestr with a request to deregister certain real estate, you may be denied this action.

There may be various reasons for this, for example:

• documents submitted to the organization are incorrectly executed;
• the required amount of documentation has not been provided to Rosreestr, so the applicant will have to bring the necessary papers;
• the documents contain certain inconsistencies or completely false information, which is certainly identified by the employees of the institution;
• the deadline for making a decision regarding suspension of registration has expired.

How to remove a property from the cadastral register?

These terms, which are similar in meaning, are used in relation to the registered land plot in different situations. As mentioned above, a plot can be “cancelled” if the ownership or lease rights to which were not registered within two years from the date of registration of the plot in the cadastral register. In addition, a land plot can receive this status at the request of the owner. If the status “cancelled” concerned situations where the right of ownership was not registered, then the status “deregistered” indicates the cessation of the existence of the site as a land plot or its transformation. The reasons for this may be a change in the boundaries of the plot, its division or merging, if the plot does not allow for land surveying of the neighboring plot or due to an error in the cadastre. How to find out the cadastral status of a plot.

Removal from cadastral registration (survey report)

An inspection report is a document that is necessary to remove capital construction objects (houses, buildings, structures) from the cadastral register that have ceased to exist physically - burned down, been demolished or destroyed. The survey report must be submitted to Rosreestr so that taxes are no longer accrued on the lost property and it is listed in the real estate register as deregistered.

The procedure for deregistration is carried out on the basis of the Town Planning Code of the Russian Federation, 218 Federal Law “On State Registration of Real Estate” and Order of the Ministry of Construction No. 591/pr .

To work on deregistration we will need the following documents and data:

• Title documents for the building/structure (certificate of ownership, extract from the Unified State Register of Real Estate );
• If the rights to the building/structure have not been registered, then only a cadastral number is needed, but in this case you must be the legal owner of the land plot;
• If the removal of an object from cadastral registration occurs in Moscow, then a closed order from the administrative and technical inspection (OATI) will be additionally required.
• A set of documents for deregistration depending on your situation:

What should you pay attention to when removing an object from cadastral registration?

*A project for organizing demolition work is not needed:

• if the building is demolished for the purpose of constructing a new capital construction or reconstruction project;
• for the demolition of a garage on a land plot not related to business activities;
• for the demolition of a residential building on a garden plot and on an individual housing construction/LPH plot;
• for demolition of outbuildings, buildings/structures for auxiliary use.
• In the Moscow region, there are still areas in which it is possible to remove a building from cadastral registration without notices and projects attached to the survey report, but only if the owners have a document confirming the cessation of the building’s existence;
• Simultaneously with the inspection report, an application for termination of ownership rights is submitted to the MFC;

If the rights to the building are not registered, you need to check whether there are premises in the building for which ownership rights have been registered. If there is, then the inspection report for the building must be jointly submitted by all owners of the premises.

Removal from cadastral registration of real estate

Application forms can be downloaded from the Rosreestr information portal or obtained from the offices of Rosreestr, the MFC or the territorial cadastral authority.

• Title documentation for the property itself, subject to deregistration, or for the original land plot. If there is information about the registered rights of the applicant, it is sufficient to submit the corresponding registration certificate.
• Passport or ID card allowing identification of the applicant.

If the applicant is a legal entity, it is necessary to submit to the cadastre authorities a OGRN certificate, constituent documentation, and an act (order) on the appointment of management.

• An inspection report (for structures, buildings) or a land management report (for a plot of land), certifying the cessation of existence of the property being removed from the cadastre.

In what cases is it necessary to carry out the procedure for removing an object from cadastral registration?

There are several different situations when it is necessary to deregister real estate. In some cases, the modified object must then be registered with Rosreestr again.

1. The building was dismantled for some reason - after a fire, for the construction of a new building, to free up space, as unnecessary.
2. Removal from cadastral registration occurs by court decision.
3. Work was carried out that significantly changed the characteristics of the object.

The latter case should be discussed separately. Significant changes include the combination of two or more buildings into one, or, on the contrary, the division of a single object into parts, a change in the area of ​​land ownership, and a shift in the boundaries of the building.

The reasons for deregistration may vary for different types of real estate.

• Land plots are subject to this procedure in case of changes in boundaries - combining several into one, dividing a plot into two or more parts, as well as if there is no record of the owner’s rights in the archives (valid for real estate temporarily registered in the register before March 1, 2008 of the year).
• Houses are deregistered in the event of complete or significant destruction of the structure, demolition for any reason, change in configuration, connection or division of buildings in a major way.
• In the case of apartments, the following factors apply: the combination or division of objects, any change in the boundaries on the architectural plan, the demolition of the entire building or its destruction due to natural or other reasons.

In any case, to confirm the status of the object, it will need to be removed from the cadastral register.

Deregistration of a property from the cadastral register: how it is done

Residential (non-residential) house To remove a house from cadastral registration, the following grounds are required:

Important! Real estate objects temporarily registered in the cadastre before 01/01/2017 will be deregistered automatically after 03/01/2022, if the rights to them are not registered. It will indicate that the basis for drawing up this document is a certificate from local executive authorities confirming the fact of loss of property as a result of a natural disaster. For the same reasons, the destroyed part of the building can also be deregistered. Deregistration of a property from the cadastral register in 2020 The procedure for deregistration of a property in the Unified State Register of Real Estate consists of the following steps:

• Collection of the necessary package of documents.
• Submission of collected documents to the relevant authorities.
• Receiving an extract on the deregistration of an object.

Deadline for deregistering a property from the cadastral register

According to Article 16 of Law No. 218-FZ, a house, non-residential building, or premises must be deregistered within 7 days. This period is counted from the moment of application to Rosreestr. If the applicant applies to the MFC, the procedure period is extended by another 2 days. The deadline for completing the act depends on the characteristics of the demolished structure. In most cases, Smart Way engineers will issue an act in 1-3 days.

The object has been deregistered, what does this mean?

They will probably tell you who provides such services in your city. Despite the recommendation from a government agency, ask the engineer to show the certificate of qualification.

If it turns out that his signature on the act is not valid, everything will have to start all over again. The application form is available on the Rosreestr website and should be freely available in the department. Wherever you get it, when visiting Rosreestr in person, do not sign in advance. An employee of the institution must see you sign the application. If you are submitting an application on behalf of, for example, an elderly relative, you must bring a notarized power of attorney from him and a copy of it. But most likely you won't have to fill out anything. The employee will take the documents, enter the data into the form, print it and give it to you. All that remains is to carefully check the information and sign. Law, information entered into the state real estate cadastre when registering a formed real estate object or formed real estate objects is of a temporary nature, except for cases where the ownership of these real estate objects is considered to have arisen by virtue of federal law, regardless of the moment of state registration of this right in the Unified state register of rights to real estate and transactions with it. Such information loses its temporary nature from the date of state registration of the right to the formed real estate object or other moment from which the right to the formed real estate object is considered to have arisen.

When is it possible to remove a property from cadastral registration?

Thus, the cadastre contains only that information on the site that was available in the documents at the time the rights to the property arose. For example, during a purchase and sale transaction.

Removal from the cadastre is carried out on the basis of a corresponding application from the owner of the real estate being removed, a certificate of inspection of this property drawn up by a cadastral engineer. It is possible to remove it from the cadastral register by court decision.

Previously, information about the status of an object in the cadastre could be requested in the form of a cadastral passport or a special extract. Since 2017, the issuance of such cadastral passports is no longer carried out.

The application form is available on the Rosreestr website and should be freely available in the department. Wherever you get it, when visiting Rosreestr in person, do not sign in advance. An employee of the institution must see you sign the application.

If a property has ceased to actually exist or has received new parameters and characteristics, it is excluded from Rosreestr information. When prompted for information, it will be displayed that the house or lot no longer exists.

The object has been deregistered from the Russian register, what does this mean?

Accounting begins with the physical appearance of the object. If the developer has commissioned a residential building, each owner must register his apartment. If you built a private house yourself, you must do the same.

We bought part of a vegetable garden from our neighbors, thereby increasing our plot of land - be kind enough to visit Rosreestr. As part of cadastral registration, any property is assigned a personal number.

It is completely unique and is not repeated among other objects or in other regions of the country. This number cannot be changed; it remains with the object until it is removed from the cadastral register. Owners need accounting primarily to exercise their rights. After all, real estate without its registration in the cadastre cannot be sold, exchanged, and so on. You can't even get a certificate of ownership for it. In addition, the state cadastre is a source of various information.

Such an inspection report is drawn up by a certified cadastral engineer based on the results of an inspection of the location of a building, structures, premises, or unfinished construction site that has ceased to exist. The act confirms the fact of death or destruction of a specific property.

If it is necessary to remove a premises from the cadastral register, the cadastral engineer documents the fact of destruction of the part of the building in which the corresponding premises were located. To draw up inspection reports, the interested person, before contacting the cadastral authorities, must enter into an agreement for the preparation of the said document with a cadastral engineer who has a qualification certificate required for such work. The list of all Russian cadastral engineers who have passed the appropriate certification can be freely accessed on the Rosreestr website.

When preparing documents for a land plot or performing other transactions between real estate, a question may arise regarding the status of the object, which is indicated in the cadastral passport or extract.

It can be different - temporary, registered, previously registered, and often the status of an object is deregistered, which means the termination of its actual registration with the cadastral service and its indication on the cadastral map. The status of the object is regulated by the state.

How a property is removed from cadastral registration: implementation procedure

The first stage of the process is a consultation with the territorial department of the Cadastral Chamber, where authorized employees are required to explain all the possibilities for implementing actions, as well as their legality in each individual case.

All requests are submitted to the territorial divisions of the cadastral chamber, as well as multifunctional centers (MFCs) upon personal application from the applicant - the owner of the real estate unit, the data of which is subject to cancellation.

What documents must be submitted by the owner of a residential building?

The owner-applicant provides a list of all necessary documents to the bodies of the Cadastral Chamber (or MFC) , including:

1. Application from the owner according to the established form (available on the Rosreestr website and locally at representative offices).
2. Passport of a citizen of the Russian Federation.
3. Title document for real estate.
4. An engineering examination report on the destruction (change) of a building.
5. Court decision on deregistration (in some cases).

Cost and state duty

The procedure for deregistering a property does not involve paying a state fee. If the documents are properly prepared and there are enough arguments for eliminating the data in Rosreestr, the process will be completed within 2-3 weeks from the moment the application is accepted for consideration.

ATTENTION : Confirmation of a successful result is an extract from Rosreestr on the liquidation of the declared object.

Cadastral registration

By cadastral registration we mean the entry by authorized bodies of the necessary data into the cadastre , which allows for the further identification of a property that will be subject to further registration.

The reasons why real estate may acquire the status of deregistration or cancellation may be the following:

• When an object ceases to exist as a result of its destruction by natural disasters.
• Its dismantling is in accordance with the law.
• When there is a change in characteristics considered unique, as a result of which the legal status of the object cannot exist in its previous form.

The reasons for changing individual characteristics may be the following:

1. Repair work or reconstruction of a capital structure, when, as a result of construction work, an extension is added, or changes occur in the building area of ​​a plot of land.
2. A land plot or permanent structure is divided into several new objects.
3. The merger of several premises, as well as land plots, into one common object.

An object of property may cease to exist in other individual cases not prescribed by federal law. Also, deregistration can be carried out by decision of a judicial authority .

How to remove an apartment from cadastral registration

The procedure for removing an object from cadastral registration The procedure for removing registered property from state cadastral registration is as follows.

This entry indicates the fact that the property has ceased to exist, or its previous quality.

How to remove a property from the cadastral register? Residential (non-residential) house To remove a house from cadastral registration, the following grounds are required:

• demolition (dismantling) of a building;
• loss of a house as a result of a natural disaster (fire, flood, earthquake);
• reconstruction of a residential building, as a result of which the unique characteristics of the building change, and it is necessary to deregister the old object and install a new one;
• merger (division) of several buildings into one (several);
• application of a candidate rights holder for deregistration of a temporary property due to the lack of state registration of rights.

When registering a property, information about it was entered into the state real estate cadastre (GKN) as temporary.

Removal

ATTENTION! A plot of land refers to a property that must be registered in the state real estate cadastre.

The procedure for deregistration is the abolition of existing information about an allotment and its exclusion from the State Property Committee due to the cessation of its existence as an actual immovable object and ownership, including due to abandonment by the owner.

In what situations does the registration of a land plot in the cadastre cease:

• If all real estate, the data of which is submitted to the State Property Committee, until the moment of its registration in the Unified State Register, has the status of “temporary”.
• Before the expiration of the above period, any owner who has provided documents for registration of a land plot in the cadastre may apply to exclude the property from the State Property Committee.
• Deregistration occurs due to the transformation or cessation of existence of an immovable property. This happens within three days after the registration of property rights to new land plots formed from the previous object and the receipt of data from the registration chamber to the cadastral chamber.
• The deregistration status may be determined by a court decision.

If the right to own property has not been formalized within a five-year period, then the cadastral service automatically assigns the status “deregistered” and excludes it from the State Property Committee. Reasons for deregistration of land may be:

1. Changed boundaries of the allotment.
2. Merging or dividing a site into several objects.
3. In case of an error in the cadastre.
4. If due to this area it is impossible to carry out land surveying of another plot.

Deregistration of a real estate property 2020: samples

All real estate objects, in accordance with current legislation, are registered in the unified state database (USRN) of Rosreestr. It contains identification information about the property and owners, existing encumbrances. In particular, this information is used to correctly calculate property taxes.

Let's say the house burns down. In order not to pay taxes on missing property, it is necessary to prove the fact of its destruction and remove it from the cadastral register. An application with supporting certificates is submitted to Rosreestr to change the records in accordance with the real situation. Similar actions can also be performed in the following cases:

• the building is completely dismantled;
• By the tribunal's decision;
• work is carried out that significantly changes the basic parameters of the property.

The last point should be considered separately. Unique changes are:

• increase (decrease) in the area of ​​the land plot, the boundaries of the building;
• division of a capital structure into two or more separate objects;
• the reverse procedure is to combine buildings into a single building.

Until January 1, 2020, the definition of “temporary” registration was in effect. This category includes objects listed in the database without an identified owner. Before March 1, 2022, it is necessary to confirm the relevant rights. Otherwise, deregistration will be carried out automatically. Other reasons for performing the procedure are given below, taking into account the characteristics of different types of real estate.

Land plot

In addition to division, deregistration from state cadastral registration is used after the merger of several neighboring plots. The presence of general survey lines indicated on the master plan is assumed. Also, the basis for appropriate registration is the absence of a record of the owner’s rights in relation to property registered before March 1, 2008.

In this case, the following reasons are acceptable for withdrawal:

• destruction of real estate as a result of military, natural or other influences;
• planned demolition;
• significant changes in basic parameters (area, configuration);
• combination of several buildings.

Apartment

The parameters of such real estate change significantly when several apartments are combined. It should be taken into account that major repairs are not considered a sufficient reason if the boundaries of the object on the architectural plan are preserved. A sufficient basis for removal is the demolition of the house or another method of destruction of the structure.

The actual loss of property may be a consequence of the owner’s decision, other circumstances beyond people’s control, such as natural disasters, man-made disasters, or the implementation of a master plan for urban construction. Legal liquidation is possible only by decision of authorized government bodies.

Since deregistering from cadastral registration actually means ending the existence of an object according to documents and data from the state register, this is carried out by the following authorities:

• at the request of the owner - by the state cadastre body;
• By the tribunal's decision.

When submitting an application to the cadastre, a private cadastral engineer carries out an actual inspection of the property for destruction. Based on the results of the inspection, an object inspection report is drawn up, which confirms or refutes the fact of death.

In general, to successfully deregister an object you must:

• collect documents required by law;
• submit an application and documents to the cadastre authority;
• Based on the results of the review, receive a corresponding extract.

Today, you can submit an application both during a personal visit to the institution and through the website of this body. The list of required documentation is established by 221-FZ, adopted in July 2007.

According to this law, when submitting an application, you must submit the following documents:

1. A document establishing the applicant's ownership of the property being rented.
2. Owner's passport.
3. Real estate inspection report.
4. Court decision (in some cases).

Removal from cadastral registration in the absence of documents for the building or structure itself is possible. In this case, it is necessary to submit a document defining ownership of the plot of land within which the building is located. This document can be replaced with a registration certificate issued when registering an object, or an extract from the cadastre indicating the owner.

The specified 221-FZ does not define a clear list of grounds, but only sets general criteria for the validity of removing a house from cadastral registration. Any property that is the property of private individuals can be used by them in any way not prohibited by law.

This right of owners is enshrined in the civil legislation of the country. In this sense, the restriction on deregistration of property is considered an infringement of the rights of property. However, cadastral authorities must first of all proceed from the economic feasibility of this procedure. Especially when it comes to land.

In each individual case, the cadastral authority may recognize other grounds as legal. The main criterion is the transformation of property or its complete liquidation. The decision to liquidate an object is made by its owner.

Of course, it will not be possible to remove real estate from the state cadastral register without sufficient grounds.

In order for the cadastral authority to remove a property from cadastral registration, the following grounds are necessary:

• actual loss of property;
• reconstruction of the building as a whole, as a result of which the contours of individual objects in it change;
• combining multiple objects into a single property;
• splitting one object into several new ones;
• upon cancellation of temporary registration (of unfinished objects);

A special reason for removing a house from the cadastral register is the registration of the rights of the owner or the object itself in the register using forged documents. In this case, decisions of the relevant authorities are necessary, indicating that these papers are fictitious. Basically, in such cases, the application is submitted not by the owner himself, but by third parties, including government agencies.

There are also cases when the owner does not need to apply for deregistration. For example, when an apartment building is demolished, the owner of the apartment in it is not obliged to deregister. The apartment will automatically be excluded from the register along with the entire house.

To ensure that deregistration of a property from the cadastral register is not accompanied by unnecessary difficulties, you should study in advance the procedure for correct actions.

Thematic requirements of the legislation are discussed below with examples of performing the procedure with different types of real estate.

Additional recommendations will help you get a positive decision when resolving controversial issues in the courts.

There are a huge number of different real estate transactions that require deregistration of one property and registration of a renewed structure with the legal cadastral register. There are different cases in life: separation, merger, reconstruction, complete or partial destruction. While the old building is listed in the register, a new building in its place cannot be registered in a legal way.

Federal Law No. 218 regulates relations in the real estate sector. The Regulation “On Registration of Immovable Objects” is considered a key regulatory act on all issues of registration of plots of land, structures, the need to register and deregister them. You will need to carefully understand the situations in which it is necessary to deregister real estate, and in what order everything should be done.

The key reason for this action is death, complete destruction of the structure. Fires, landslides, floods, seismic tremors - all these are commonplace reasons. Sometimes the homeowner himself wants to eliminate an unnecessary structure.

Dismantling a house before starting construction of a new one is possible only by decision of the local authorities. A typical foundation is in dilapidated condition, emergency wear. It is always worth distinguishing between the wording “damage” and “destruction”.

A structure is destroyed if it has completely and completely disappeared due to fire or dismantling.

It is important to know! Until the legal owner contacts the cadastral authorities, the building will exist in a legal format, even if in reality nothing remains of it.

Other reasons for deregistration of real estate:

• Destruction or damage to part of a structure. If a house has lost a certain share, it can be deregistered.
• The court's decision. This is the most common reason. The judge admits that the existing registration is illegal. A self-built building can be cited as an example. A lawsuit is filed with the courts and a decision is made to dismantle and remove the building from the cadastre.
• Dividing the OKS into parts. The house is first deregistered, and then the objects that were formed after the reorganization are registered.

When deregistering any property, it is customary to submit a completed application and a package with the required documentation. A prerequisite is the presence of an inspection report. After an approving decision is made, the building is deregistered, and the owner is given a certificate in the form of an extract from the state register.

It is worth considering in detail all stages of the case. The most time-consuming part is the preparation of the survey report. The document resembles a technical plan and is its simplified form. Only certified cadastral engineers can draw up such certificates. Doing the work yourself and saving on services will not work. The employee must definitely come to the point.

The specialist checks the actual condition of the building with what is indicated in the Russian real estate register. After the examination, a competent professional draws up a report in electronic form and certifies the received document with a virtual seal. The inspection report is considered the basis for removing the building from state registration.

Documentation

In order for a land plot to no longer be registered in the cadastre, it is necessary to provide a package of documents, namely:

• A statement written according to the established template.
• A copy of the registration certificate in the Unified State Register confirming the property right to the land.
• Cadastral number and passport.
• Applicant's passport.
• An inspection report or a land management work report, which is drawn up by cadastral engineers with qualifications confirmed by certification. To compile it, certain documents are required.

Both the owner and a person acting under a notarized power of attorney can apply to the cadastral chamber. The application must specify the reason why it is necessary to deregister the land plot, and you will also need to attach a certain number of copies of the decision.

ATTENTION! To deregister a land plot, it must not have additional registered property rights.

Under the death or destruction of a property

This means physical damage to the object, as a result of which it cannot meet the needs of the owner. If a house is partially destroyed by a flood or landslide, its properties are altered, but it is not destroyed. If restoration is not economically feasible, the owner must demolish it and then order an inspection report.

The inspection report is the basis for removing a property from state registration, for which the document should be transferred to Rosreestr, which is responsible for maintaining the USRN registry database. After removing a permanent building from the cadastral register, the owner is relieved of the obligation to pay property fees and taxes.

Suspension or refusal

After the applicant’s application, the cadastral service can make several decisions:

1. Assign deregistration status.
2. Pause the procedure.
3. Refuse to satisfy the applicant's demands.

The period for consideration of the application with the attached package of necessary documents in the cadastre is 10 days from the date of its registration. The procedure is suspended if:

• There are no documents required in accordance with regulations governing cadastral registration.
• There is a discrepancy between the data on the plot of land in the cadastre, and there are also discrepancies in the applicant’s documents about its area or boundaries.

A decision is made to suspend the procedure, indicating the reasons, recommendations for correcting them, a list of missing documents or errors in the application. This decision is made for a period of up to 3 months. This time is given to eliminate existing shortcomings.

Deregistration of land will be refused if:

1. The property specified in the application is not subject to cadastral registration.
2. The reasons for the suspension were not eliminated within the established three-month period.
3. The application was written by an improper person, and also if the provided papers do not comply with the requirements of the law.
4. Transformation of this object is not allowed.
5. Documents are invalid due to expiration or are certified in an improper manner.

The decision to refuse indicates the reasons, as well as possible improvements to the errors.

Where to contact

You can submit your application and the required list of documents in several ways:

• On the Rosreestr website, however, it is necessary that the application contain an electronic digital signature, which is purchased at special certification centers.
• Through a personal visit to the Rosreestr organization.
• Through the multifunctional center, however, you must first check whether this service is available there.
• By mail. This option requires that all documents be notarized. They are issued as a registered letter with acknowledgment of receipt.

The Rosreestr website allows each applicant to track the stage of consideration of documents.

The procedure for drawing up an inspection report

The owner has the right to order an inspection report of an object. To produce a document, you must sign a service agreement with an organization that has such authority. After the survey, the cadastral engineer will confirm the cessation of the building’s existence, and an appropriate conclusion will be issued.

The survey report is an electronic document signed with an enhanced qualified digital signature by the engineer who conducted the site survey. If desired, the customer can receive the document in paper form, which should be stated when concluding the contract.

The form and information that should be indicated in the act are approved by Order No. 861 of the Ministry of Economic Development of Russia. The documents must contain information regarding:

• real estate object;
• the engineer who conducted the survey;
• customer of the survey;
• date of preparation of the act;
• certificates and certificates that were used in its preparation.

The list of documents used when drawing up the survey report may include:

• decisions of the commission to recognize the property as dilapidated or in disrepair;
• decisions on violation of construction standards during the construction of an object, or in relation to areas that are subject to seizure for municipal or state needs;
• design documentation on the basis of which the capital object is demolished;
• owner's decision to demolish;
• certificates confirming the fact of an emergency or natural disaster as a result of which the building was destroyed.

Application consideration period

In accordance with the law, the removal of a property occurs within the following established period:

1. Five working days after submitting the application to the registration authorities.
2. Seven working days if the application was submitted through the multifunctional center.

There is no need to pay state duty. After this procedure, the applicant is provided with an extract confirming that the object is no longer registered with the registration authorities.

If you receive a refusal, you can contact the court with a package of the following documents:

• Statement.
• Refusal of the authorities involved in deregistration of the object.
• Other documents confirming the circumstances noted in the application.
• Payment order or receipt for payment of state duty.

If the applicant receives a positive court decision, he can again apply to the registration authorities in order to deregister the real estate.

Assigning the status “object deregistered” is a simple procedure. It is mainly necessary to reduce taxation or to construct a new capital building.

What is an inspection report

Art. 23 Federal Law No. 218 determines that the inspection report is a paper confirming the cessation of existence of the following capital objects:

• structures and other buildings;
• parking spaces in case of destruction of the main building;
• unfinished construction projects.

The reason for issuing the document is the destruction of the property as a result of natural destruction, a natural disaster, an emergency situation, or the dismantling of structures in order to free up the site.