What is a declaration of real estate and what does it look like?
The declaration of real estate is a formalized form that must be filled out by the applicant when registering for the property.
A declaration of real estate must be submitted in the following cases:
- rights to a structure erected on a plot of land allocated for dacha farming or gardening are issued,
- a garage of an individual that does not represent a capital construction project is subject to registration,
- it is necessary to legalize auxiliary buildings on these land plots.
The declaration for a real estate property is filled out by the owner of the land plot on which the registered property is located. It is the owner who is responsible for the accuracy of the information provided and confirms the legality of his rights to the land plot.
To confirm the legality of land rights, lease agreements or decisions on the allocation of land may be presented.
The appearance of such a document was caused by the need to legitimize the rights of citizens to numerous buildings erected on garden and summer cottage plots, which had never undergone cadastral or technical registration procedures.
The simplified procedure for registering rights to such structures is intended to transfer the process of their operation into a legal channel by entering information about each element into the Unified State Register of Real Estate.
From the moment the application is submitted, it becomes possible to properly formalize ownership of the unauthorized construction and obtain the right to dispose of the registered property at one’s own discretion.
In this case, during the registration process, the building will receive a unique cadastral number, which will allow it to be identified as an independent unit of real estate.
When is a real estate declaration required?
A declaration of real estate is required if it is necessary to confirm the ownership of a building located on a land plot. If previously it was necessary to obtain permits to begin construction work and commissioning, then since 2006 the procedure has been significantly simplified.
Since 2006, under the dacha amnesty, which was adopted by federal law, ownership can be confirmed in a simplified manner. To do this, you must either declare the property or draw up a cadastral plan.
For declaration to be possible, the following conditions must be met:
- the land is the property of the owner of the building;
- the land is owned by a dacha or horticultural enterprise.
The real estate declaration form can be a written document or a computer-printed form.
Order of the Ministry of Economic Development No. 628 provided clear requirements for preparing a declaration on a real estate property:
- filling out the declaration must be done only in Russian letters;
- a voluminous written document is bound, each page contains the signature of the originator and is numbered;
- the electronic form must be certified by the originator with a digital electronic signature;
- compiled in 2 copies (paper version) with a blue pen;
- Filling out the form with a pencil is prohibited;
- a sample filling is available on tax websites or in branches of the multifunctional public services center;
- a dash is required in empty lines;
- correct answers are marked with a tick;
- Single crossings with one line are allowed; each correction is signed by the compiler.
(as amended as of December 31, 2013)
____________________________________________________________________Repealed from January 1, 2020 on the basis of Order of the Ministry of Economic Development of Russia dated November 21, 2020 N 733__________________________________________________________________________
____________________________________________________________________ Document as amended by: Order of the Ministry of Economic Development of Russia dated December 31, 2013 N 805 (Rossiyskaya Gazeta, N 102, 05/08/2014) (came into force on June 30, 2014).
____________________________________________________________________
In accordance with Part 10 of Article 41 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (Collected Legislation of the Russian Federation, 2007, N 31, Art. 4017; 2008, N 30, Art. 3597, Art. 3616; 2009, N 1, Art. 19; N 19, Art. 2283; N 29, Art. 3582; N 52, Art. 6410, Art. 6419) and paragraph 1 of the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Government Decree Russian Federation dated June 5, 2008 N 437 (Collection of Legislation of the Russian Federation, 2008, N 24, Art. 2867; N 46, Art. 5337;
2009, N 3, art. 378; N 18, art. 2257; N 19, art. 2344; N 25, art. 3052; N 26, art. 3190; N 38, Art. 4500; N 41, art. 4777; N 46, art. 5488; 2010, N 5, art. 532; N 9, art. 960; N 10, art. 1085; N 19, art. 2324; N 21, art. 2602; N 26, art. 3350; N 45, Art. 5860), I order: Approve: the form of declaration on the property (Appendix No. 1); requirements for preparing a declaration on the property (Appendix No. 2).
Minister E. Nabiullina
Registered with the Ministry of Justice of the Russian Federation on February 9, 2011, registration N 19771
Appendix No. 1 to the order of the Ministry of Economic Development of Russia dated December 13, 2010 No. 628 (As amended, entered into force on June 30, 2014
by order of the Ministry of Economic Development of Russia dated December 31, 2013 N 805. -
See previous edition)
| Declaration of real estate | ||||||||
| 1. Address (location) of the property | ||||||||
| The subject of the Russian Federation | ||||||||
| Municipal entity (type, name) | ||||||||
| Locality (type, name) | ||||||||
| Name of the non-profit association of citizens | ||||||||
| Street (avenue, alley, etc.) | ||||||||
| Number of the house (property, plot) | ||||||||
| Building number | ||||||||
| Apartment number | ||||||||
| Room number | ||||||||
| Other | ||||||||
| 2. Type, purpose and name of the property | ||||||||
| 2.1. Type of property | ||||||||
| room | ||||||||
| building | ||||||||
| construction | ||||||||
| unfinished construction project | ||||||||
| 2.2. Purpose of the building | ||||||||
| House | ||||||||
| non-residential building | ||||||||
| apartment house | ||||||||
| 2.3. Purpose of the premises | ||||||||
| residential | ||||||||
| non-residential | ||||||||
| 2.4. Type of living space | ||||||||
| apartment | ||||||||
| room | ||||||||
| 2.5. Purpose of the structure | ||||||||
| 2.6. Designed purpose of the unfinished construction site | ||||||||
| 2.7. Name (buildings, structures) | ||||||||
| 3. Number of the cadastral quarter (cadastral quarters) in which the property is located | ||||||||
| 4. Cadastral number | ||||||||
| land plot (land plots) | ||||||||
| premises(rooms) | ||||||||
| buildings (structures) | ||||||||
| apartment in which the room is located | ||||||||
| 5. Technical description of the property | ||||||||
| 5.1. Technical description of the building, premises | ||||||||
| Area (buildings, premises) (sq.m) | ||||||||
| Floor | ||||||||
| Number of floors | ||||||||
| including underground | ||||||||
| Year of commissioning or year of completion of construction | ||||||||
| Material of external walls of the building | ||||||||
| brick | ||||||||
| concrete | ||||||||
| stone | ||||||||
| wood | ||||||||
| other | ||||||||
| mixed | ||||||||
| 5.2. Technical description of the structure | ||||||||
| Number of floors | ||||||||
| including underground | ||||||||
| Year of commissioning or year of completion of construction | ||||||||
| Type and meaning of the main characteristic | ||||||||
| length (m) | ||||||||
| depth (depth of occurrence) (m) | ||||||||
| area (sq.m) | ||||||||
| volume (cub.m) | ||||||||
| height (m) | ||||||||
| built-up area (sq.m) | ||||||||
| 5.3. Technical description of the unfinished construction project | ||||||||
| Projected value of the main characteristic of an unfinished construction project | ||||||||
| length (m) | ||||||||
| depth (depth of occurrence) (m) | ||||||||
| area (sq.m) | ||||||||
| volume (cub.m) | ||||||||
| height (m) | ||||||||
| built-up area (sq.m) | ||||||||
| Readiness degree (%) | ||||||||
| 6.* Copyright holder of the property (land plot on which the building, structure, unfinished construction site is located) | ||||||||
| 6.1. Individual | ||||||||
| Surname | ||||||||
| Name | ||||||||
| Middle name (specified if available) | ||||||||
| Insurance number of an individual personal account (indicated if available) | ||||||||
| Type and number of identification document | ||||||||
| Issued | ||||||||
| Address of permanent residence or primary residence | ||||||||
| Postcode | ||||||||
| The subject of the Russian Federation | ||||||||
| City | ||||||||
| Area | ||||||||
| Populated area (village, town, etc.) | ||||||||
| Street (avenue, alley, etc.) | ||||||||
| Number of the house (property, plot) | ||||||||
| Building number | ||||||||
| Apartment (room) number | ||||||||
| E-mail address | ||||||||
| 6.2. Entity | ||||||||
| Full name | ||||||||
| OGRN | ||||||||
| State registration date | ||||||||
| TIN | ||||||||
| Country of registration (incorporation) | ||||||||
| Registration date | ||||||||
| Registration number | ||||||||
| Postcode | ||||||||
| Mailing address | ||||||||
| The subject of the Russian Federation | ||||||||
| City | ||||||||
| Area | ||||||||
| Populated area (village, town, etc.) | ||||||||
| Street (avenue, alley, etc.) | ||||||||
| Number of the house (property, plot) | ||||||||
| Building number | ||||||||
| E-mail address | ||||||||
| 6.3. Public education | ||||||||
| 6.3.1. Russian Federation | ||||||||
| 6.3.2. The subject of the Russian Federation | ||||||||
| Full name | ||||||||
| 6.3.3. Municipality | ||||||||
| Full name | ||||||||
| 6.3.4. Foreign country | ||||||||
| Full name | ||||||||
| 7. Information about the representative of the copyright holder of the property (the land plot on which the building, structure, unfinished construction project is located) | ||||||||
| 7.1. Individual | ||||||||
| Details of the document confirming the authority of the applicant’s representative | ||||||||
| Surname | ||||||||
| Name | ||||||||
| Middle name (specified if available) | ||||||||
| Insurance number of an individual personal account (indicated if available) | ||||||||
| Type and number of identification document | ||||||||
| Issued | ||||||||
| Address of permanent residence or primary residence | ||||||||
| Postcode | ||||||||
| The subject of the Russian Federation | ||||||||
| City | ||||||||
| Area | ||||||||
| Populated area (village, town, etc.) | ||||||||
| Street (avenue, alley, etc.) | ||||||||
| Number of the house (property, plot) | ||||||||
| Building number | ||||||||
| Apartment (room) number | ||||||||
| E-mail address | ||||||||
| 7.2. Entity | ||||||||
| Details of the document confirming the authority of the applicant’s representative | ||||||||
| Full name | ||||||||
| OGRN | ||||||||
| State registration date | ||||||||
| TIN | ||||||||
| Country of registration (incorporation) | ||||||||
| Registration date | ||||||||
| Registration number | ||||||||
| Postcode | ||||||||
| Mailing address | ||||||||
| The subject of the Russian Federation | ||||||||
| City | ||||||||
| Area | ||||||||
| Populated area (village, town, etc.) | ||||||||
| Street (avenue, alley, etc.) | ||||||||
| 8. Title, title documents for the property (land plot on which the building, structure, unfinished construction site is located) | ||||||||
| I confirm the accuracy and completeness of the information specified in this declaration | ||||||||
| date | ||||||||
________________* If the copyright holders are participants in common property, the declaration on the property (hereinafter referred to as the Declaration) indicates information about one of them. Information about the remaining participants in the common property is provided in the appendix to the Declaration to the same extent as in the Declaration.
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In this case, in detail “6” it is indicated “the list is given in the appendix on sheets.” If the Declaration is drawn up in the form of an electronic document, the number of details “6” must correspond to the number of participants in the common shared ownership. The declaration is signed by all participants in the common property.
Appendix No. 2 to the order of the Ministry of Economic Development of Russia dated December 13, 2010 No. 628 (As amended, entered into force on June 30, 2014
See previous edition)
1. These Requirements establish the rules for drawing up a declaration on a real estate property (hereinafter referred to as the Declaration).
2. The declaration is drawn up and certified by the owner of the property or his representative (hereinafter referred to as the person who filled out the Declaration) in relation to a building, structure, premises or an object of unfinished construction (hereinafter referred to as the real estate object). In this case, the Declaration on the created real estate objects is drawn up and certified by the owner of the land the site on which such a building, structure, or unfinished construction site is located.
3. In accordance with Part 8 of Article 41 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the Declaration is an integral part of the technical plan.________________ Collection of Legislation of the Russian Federation, 2007, N 31, Art. 4017; 2008, N 30, art. 3597, 3616;
Laws of the Russian Federation on this issue
Since January 2020, the requirement to submit a declaration when conducting cadastral registration and registration actions has been contained in Federal Law No. 218-FZ.
This federal act establishes simultaneous accounting and registration for newly created objects, as well as real estate, the rights to which have not previously been registered.
Declarations on a real estate property and an example of filling out a declaration on a real estate property are regulated by Order of the Ministry of Economic Development of the Russian Federation No. 447.
It is in accordance with this document that information must be submitted to the Rosreestr authorities. On the website www.rosreestr.ru the real estate declaration form is presented in the form approved by Order No. 447.
When filling out the declaration, you must comply with the requirements for the execution of individual sections of the document, which are regulated in detail on the website of the Rosreestr service.
Filling rules
Since 2020, the registration of these buildings is regulated by Federal Law No. 218, which describes the state registration of real estate and complicates the procedure for processing documents.
Taking into account the new requirements, in addition to the declaration, a technical plan (drawings and diagrams of the structure, as well as location) for the property will be required.
Where to submit a declaration on a real estate property? An official form with completed fields is submitted to the regional branch of Rosreestr, which registers real estate: an individual cadastral number is issued, which is entered into the federal real estate register.
A receipt for payment of the state duty (350 rubles) is attached to the declaration.
Until March 2020, legislators actually leave the procedure simplified in accordance with Federal Law No. 93 and Order No. 628 (cadastral registration is not a prerequisite), but make some adjustments to it.
The procedure for filling out a declaration on real estate is clearly regulated. Order of the Ministry of Economic Development No. 628 provides the basic rules for filling out a declaration on a real estate property. According to this order, the declaration can be drawn up both in writing on paper and in electronic form.
Despite the relative simplicity of filling out the declaration, some sections may require additional clarification. In particular, if an object does not have a postal address, its physical location is indicated in the “Other” column.
When filling out the sections relating to the purpose and name of the object, you must check the corresponding box. If there is no suitable category, you should put a mark in the “Other structure” item. It should indicate which category the object belongs to and explain its purpose.
It should be noted that when writing technical characteristics of a structure, dimensions are rounded to the following values:
- Length up to 1 meter;
- Depth up to 0.1 meters;
- Area up to 0.1 square meters;
- Volume up to 1 cubic meter;
- Height up to 0.1 meters.
If we are talking about a property whose construction is not completed, the percentage of completion is indicated in the column about the degree of readiness. The percentage of completion is calculated based on the amount of money spent on construction. The following formula is used: 100 is multiplied by the amount of the cost of work already completed in rubles.
How to fill out the declaration correctly?
How to correctly fill out a declaration on a real estate property? To indicate all the necessary data, the applicant will need documents certifying the fact of legal ownership of a plot of land, since the declaration form for registering real estate according to land documents is filled out.
The following points are required to be indicated:
- address of the registered property object,
- category of construction (garage, garden house, etc.),
- information about the cadastral quarter in which the declared property is located,
- detailed description of the technical characteristics of the object (area, construction materials, etc.),
- information about the owner of the property,
- information about the land plot.
It is necessary to declare unauthorized buildings erected on a plot of land using this document, therefore the possibility of legitimizing rights depends on the correctness of its completion.
Stages of registration
How to correctly fill out a declaration on a real estate property? Detailed instructions on the procedure for completing all sections of the document, as well as a sample form for a declaration of real estate, can be found on our website. Also, similar information is available on the official Internet portal of the Rosreestr service.
The declaration of real estate, which describes the property, must be based on the technical characteristics of the building, which the declarant must independently measure and indicate.
To do this you need to do the following:
- measure the height, length and width of the building,
- calculate the area of the building,
- provide quality characteristics of walls, roofs, foundations and other structures inside the building.
All received data is entered into the appropriate section of the document, and its accuracy is confirmed by the signature of the document submitter.
Since there may be several structures on the site that are subject to declaration, a separate declaration form must be submitted for each building. When filling them out, similar information about the plot of land on which the buildings are located will be indicated.
Filling out the form can be done using computer technology or by hand. If the document contains several separate sheets, they must be stapled and bound by the applicant.
