A person who has never encountered issues related to property may not immediately understand what documents he needs for various transactions with property. One of the important documents for real estate or a piece of land is a cadastral extract. A cadastral extract is a document that includes all information about the property, as well as information about boundaries and turning points.
Document form and why it is needed
The extract form is regulated by Order of the Ministry of Economic Development of the Russian Federation No. 831 dated December 28, 2012 and is presented in the form of six sections (КВ1-6), which indicate the following:
- Main characteristics of the land plot;
- Layout of the land plot;
- Reflection of parts of the land plot, if any;
- Graphic plan of parts, if any;
- Description of the boundaries of the land plot;
- Description of turning points.
REFERENCE! A cadastral extract differs from a cadastral passport; only the first four sections are indicated in the passport.
As for the validity period of the cadastral extract, it is not specified in the law (Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”).
However, every five years a state cadastral valuation of land is carried out, as a result of which a new cadastral value appears for all land plots.
It follows that information in the statement received before the new assessment loses its validity.
Registration procedure
Any citizen who owns a land plot can act as a recipient of a cadastral passport.
Completing this procedure is necessary in situations where there is no boundary plan, which indicates a lack of registration of the land plot. The procedure must also be completed in cases where the condition of a plot of land has undergone changes (construction of buildings, expansion or reduction of land boundaries).
A person interested in obtaining a cadastral passport will need to carry out the following actions:
- provide an application to the cadastral chamber, MFC or registration service, according to the sample, provide a receipt for payment of the state duty;
- receive an extract indicating the date of receipt of the cadastral passport (as a rule, issuance is carried out no later than 5 days, calculated from the date of the owner’s application);
- report to the authority in order to obtain a new passport and boundary plan.
How to receive: step-by-step instructions
A cadastral extract for real estate can be obtained from the territorial departments of the Bureau of Technical Inventory (BTI) or from the Federal State Unitary Enterprise "Rostekhinventarizatsiya", providing all the necessary documents for this. An extract for a land plot is issued by the territorial branch of Rosreestr at the location of the territory.
There are several ways to apply:
- Request in person: you should contact the government agency at the location of the property. You will need to take a ticket and stand in line to get to a specialist. The employee fills out an application together with you and indicates how many copies of the cadastral extract are needed, the cost of one is 400 rubles, and a bank commission for the transfer is also added to this amount. The deadline for provision depends on whether the object is included in the State Property Committee or not; if it is included, it takes 5 working days; if the initial production is underway, the deadline extends to 20 working days. You can receive wet stamped documents in person or by mail. In case of initial registration, the extract is issued only in person;
- Through online resources: On the special website of Rosreesra, select the “Electronic Services” section, in which you can submit a request for information from the State Property Committee. After completing your request, payment instructions will be sent to the address you provided. An electronic document will not cost you free - 150 rubles, and you will also have to pay a commission from the payment system. Within 5 days, a message with a link and key to download the document will be sent to your email;
- Knowing the cadastral number, information about the plot can be viewed for free on a special government website, which presents a map of land surveying in real time.
The following describes how to order an extract through Rosreestr:
Validity period depending on the situation
The legislation does not establish a clear validity period for the cadastral passport for an apartment. The main thing is that what is written in the document corresponds to reality.
The cadastral passport records any redevelopment or other changes affecting the property. The inventory is carried out once every five years. If any changes occurred during this period, they are necessarily reflected in the cadastral documentation.
Another situation when re-registration of the cadastral passport is required is a change of owner of the property. In this case, all documents indicating the owner of the apartment must be replaced.
Let's look at how to act in various situations and what problems you might encounter.
When selling
Preparing for the purchase and sale of an apartment is a long and painstaking process. You need to make sure that all documents are in order. Otherwise, the transfer of ownership will not be registered in Rosreestr and the new owner will not be able to take legal actions in relation to the apartment.
According to the law, the cadastral passport does not have a validity period. However, if, during the process of owning the property, redevelopment was carried out with a change in the area of the apartment, adjustments to the documents will be required.
Owners are required to coordinate the redevelopment, since their actions may affect the structures of the entire house and lead to an emergency situation that threatens the lives of neighbors.
After concluding the sale and purchase transaction, the cadastral documentation will need to be re-registered for the new owner. The application for re-registration must be accompanied by a purchase and sale agreement.
When donating
It will not be possible to donate an apartment without legalizing all changes. Documents will simply not be accepted for registration.
The owner is required to settle all paperwork before donating the property. In addition, unauthorized redevelopment implies bringing the negligent owner to administrative liability.
In some cases, the owner may be required to return the condition of the apartment to what is on paper. The recipient will not be delighted if he has to do this at his own expense.
When inheriting
To register an inheritance, you will need to contact a notary office. The notary will need documents for the apartment, including cadastral documents. This is mandatory, since the specialist needs to know the cadastral value of the property to calculate the state duty and distribute the property.
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Completing the inheritance procedure without cadastral documentation is impossible. It may happen that the information is already out of date (more than five years have passed since registration). Then you need to order a revaluation of the cost of the apartment and make changes to the cadastral database. After completing all preparatory operations, the heirs will be able to assume their rights.
During privatization
Privatization involves the transfer of ownership from a municipality or state to a private individual. At the same time, the existing documentation for the apartment must be current and reliable.
If the property was not registered in the cadastral register before the start of privatization, now is the time to do so. It is enough to enter all the information into the register once so that in the future there will be no problems related to papers for the apartment.
What documents are needed to obtain an extract?
To obtain a cadastral extract, the interested party must provide the following documents:
- Passport;
- Document confirming ownership or lease agreement;
- Receipt for payment of state duty.
Filling out the application form
Both citizens and enterprises can request information from the Unified State Register.
To obtain a cadastral extract, you will need to fill out an application form, which can be obtained from department employees. The form is the same for everyone and approved by order of the Ministry of Economic Development of Russia dated December 8, 2015 No. 920 (Appendix 1).
The form must be completed with the following items:
- The company or individual who submits the application;
- Information about real estate or land that interests the applicant;
- Information about its copyright holder;
- Legal documents for the site;
- Identification data of the applicant (full name, date of birth, passport, address).
- The form in which you want to receive the information (paper, electronic);
- List of documents attached to the request;
REFERENCE! The application form can be submitted by an authorized representative of the applicant; in this case, information about the power of attorney must be indicated in a special paragraph.
Why do you need a cadastral passport of a land plot?
Obtaining a cadastral passport for land is not so easy. This will require certain time and financial costs. The most difficult thing to do is if there are no established boundaries. Then the owner will need to first eliminate this gap.
In some situations, having a cadastral passport is a necessary condition for performing a number of legal actions:
- Transactions on the alienation of real estate under agreements of exchange, sale, gift, etc.;
- Transactions related to a change of owner of objects located within the boundaries of the allotment (bathhouse, house, etc.);
- Entry into inheritance. It does not matter which of the two ways (by law or will) it was received;
- Litigation related to land. Most often, owners resolve issues of establishing boundaries in this way;
- State registration of property rights. This clause covers cases of privatization of land that was leased;
- Obtaining permission to build objects within the boundaries of the site (bathhouse, residential building, garage, etc.);
- Registration at place of residence;
- Procedure for changing address or territorial affiliation;
- Adjustment of the boundaries of the site previously indicated in the documents;
- Insurance of the site and the immovable objects located on it;
- Bankruptcy procedure for citizens and organizations owning real estate;
- Leaving the land as collateral. For example, when receiving a loan for its purchase;
- Receiving financial assistance from the authorities after a natural disaster;
- Transfer of a plot of land for use to an individual or legal entity on the basis of a lease agreement;
- Contribution of real estate to the authorized capital of the organization.
In other words, the need to present a cadastral passport arises in cases where the owner is required to confirm the rights to own land or their alienation occurs.
This document may be required at any time, so it is better for the owner to take care of receiving it in advance.
Cadastral plan and accounting
Many owners of private land are interested in the question of what is a cadastral plan of a land plot. Employees of special government bodies draw up plans and collect the necessary data for the subsequent entry of information about real estate into the state register.
The main document included in cadastral registration is a diagram (plan) with designated boundaries of a specific plot of land.
What is a cadastral plan of the territory? Main sections of the cadastral plan:
- Indication of general data about the study area.
- The exact name of the organization that is responsible for registration in the state register.
- Assignment of the registration number of the plan assigned to this plot.
- Description of the site location.
- The size of the occupied area.
- Extract from the document on property rights.
- Description of areas located near its borders.
- The purpose of the cadastral survey.
- Text description of relief features and territorial contours.
Types of cadastral plans
Depending on the objectives, cadastral plans are divided into the following types:
- Boundary plan.
- Technical plan (floor plan of the house).
- Technical plan of the structure.
- Technical plan of the rooms.
- Technical plan for unfinished construction.
As a result of drawing up a boundary plan, a Land Survey File is created, which is a package of legal and practical documents. Here the real boundaries of the land with neighboring areas are established, turning points on the boundaries of the land plot are recorded in detail, the configuration is described, the area is calculated, and the location in the massif is determined.
The floor plan of a building is a drawing of a permanent structure that is recognized as residential. This includes data on the number of floors, indicating the number of rooms located on each floor. The area of each room and the entire house as a whole is indicated. In this case, the area of general purpose areas and technical premises must be taken into account.
The technical plan of the construction concerns non-residential industrial buildings. These are warehouses, hangars, etc. This document indicates only the general parameters of each object. The structure is not divided into separate parts and rooms.
The technical plan of the rooms is drawn up on the basis of the floor plan. This describes premises intended for private residence.
The technical plan for unfinished construction is formed at the current stage of construction of the house. It may be changed during construction. After the building is put into operation, this plan ceases to be relevant.
All of the listed documents are equivalent and important for inventory and cadastral registration of real estate.