How to restore documents for an apartment and house: in case of loss, theft, after the death of the owner

The loss of any title documents for real estate is a serious problem for the owner, since he is deprived of the opportunity to dispose of his property at his own discretion.

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It's fast and free! Therefore, if you suddenly discover that necessary papers are lost or damaged (in case of theft, fire, after the death of a relative or for other reasons), you should restore them as soon as possible.

How to restore destroyed or stolen documents?

The first thing you need to do is contact:

with a statement to the police that documents have been destroyed or stolen;
to the authority that issued the required document with a request to issue a duplicate;
to the court with a request to impose a ban on any transactions with real estate, the documents for which were stolen or destroyed.

Once the competent authorities are notified of the loss of documents, it is necessary to begin their restoration.

Two types of documents can confirm the fact of ownership of an apartment or house:

Documents establishing the right to property (purchase/sale agreement, gift, exchange, certificate of inheritance, court decision, etc.).
Documents confirming property rights (certificate of ownership of housing or an extract from the Unified State Register).

Depending on which of these types of documents was lost, the procedure for restoring them will be slightly different.

How to get on the waiting list for housing and does it make sense? Information at the link.

Issuing a passport to individuals - procedure and features

Technical passport - what is this document?
A technical passport is an official paper that describes the current state of the property, as well as the latest significant changes to this property, primarily redevelopment.

Each technical passport contains two annexes - a list of premises, as well as a floor plan.

A technical passport is needed in the following cases:

obtaining a cadastral passport;
registration of redevelopment;
apartment purchase;
housing examination;
apartment tax calculation.

In some cases, it is also required to register a residence permit in a third party’s apartment. The owner of the apartment receives the document, and not the construction company (as is sometimes interpreted). In the case when the apartment is being prepared for sale, the seller must prepare the passport.

Appearance of the passport

The technical passport has a standardized form. As a rule, it has several pages. It is issued on company letterhead and has the following structural parts:

general information about the apartment, including the number of rooms, number of floors, cadastral number;
address plan;
floor plan of the apartment;
explanation for the floor plan.

You can find out exactly what the document looks like in government agencies, as well as on their official website.

Where is a technical passport issued? Two organizations are involved in issuing this document: BTI, as well as PIB. Basically, all activities related to the preparation of a technical passport for a real estate property are undertaken by the BTI, so it is worth contacting them when making changes to the document, its initial registration, or loss.

Services provided by BTI or PIB are not free. The customer must pay for the production of the document on a general basis.

Cost of obtaining a technical passport

When ordering a technical passport, the customer must pay a state fee of 900 rubles. Additionally, you will have to pay extra for urgency; if the client wants to reduce the time required to prepare the document, the price may double. The law does not provide benefits for these services, regardless of the client’s status.

Procedure for issuing a document

The procedure for ordering a technical passport is quite simple. The customer needs to contact the BTI, obtain ownership documents, a passport confirming his identity, and also write an application for the issuance of a document. BTI service employees will set a date for inspection of the area by a technician (if necessary), as well as a date for handing over the document. After this, the customer is given a receipt confirming receipt of documents from him. Next, the BTI checks the condition of the property, requests data on a specific apartment and provides a completed form within the prescribed period.

Additional papers required when applying for a technical passport:

Form 7 in case of privatization of an apartment;
certificate of death of the owner, if the passport is issued by heirs;
redevelopment plans and agreements;
personal account from housing and communal services.

The passport is prepared within 7 days (if an urgent service was ordered) or within 14 if the client did not insist on prompt receipt of the passport.

Please note that the validity period of a technical passport is not limited by law. Unless you are planning a redevelopment or other significant estate, this document will remain valid for as long as you own the apartment or other property.

Restoration of the certificate of title to housing

This is one of the main documents giving the right to own and dispose of real estate. The Department of the Federal Registration Service was responsible for issuing the state registration certificate.

On July 15, 2021, a new law came into force, according to which the issuance of certificates of ownership will cease.

The same applies to re-issuance of a duplicate. Registration of the emergence and transfer of rights to housing can now only be confirmed by an extract from the Unified State Register of Rights (USRP).

This extract indicates the fact that the state registry authorities have a record of registration of ownership rights, and also indicates the period of ownership of the property at the time the certificate is issued.

How much does it cost to renovate an apartment in a new building? You will learn approximately what amount to expect from this article.

It is advisable to request this document during preparation for the procedure of buying or selling an apartment/house. Since the data is relevant only at the time the certificate is issued (within 30 days, but the more recent the certificate, the better).

The owner can obtain an extract of his rights by sending a request to Rosreestr.

This can be done in two ways: contact the MFC (multifunctional center) or send a request electronically on the Unified State Register website. Let's consider both options.

Certificate of registration of ownership.

Personal appeal to the registration authorities

Contact the MFC or the territorial office of Rosreestr, presenting your passport and indicating the address of the property.
Sign the application prepared by the service employee.
Present a receipt for payment of the state fee (you can receive the form and pay at the cash desk in the same establishment).
Receive a receipt that lists all the documents accepted from the applicant and indicates the deadline for issuing the completed extract.
Pick up the finished document on the day specified in the receipt. Show your passport and receipt.

You can receive a completed statement within 5 days. The cost of the service is from 200 rubles.

How to correctly draw up a rental agreement? Rules and details follow the link.

Receive statement online

Go to the Unified State Register website and fill out a request form.
The form must indicate:

real estate data (cadastral number and/or address);
information about the applicant;
attach documents (if available in electronic form).

Record the request number generated by the system.
On the request verification page, enter the received number and click “check”.
In the window that opens:

click “enter payment code”;
enter the code sent to your email;
Click “proceed to payment”.

Select a payment method and pay for the service.
The finished document can be obtained using the method previously selected in the form.

The extract will be ready within 5 working days. The cost of the service is from 150 rubles.

Features of the duplicate

The duplicate title document completely repeats the contents of the lost original. There are some differences in appearance:

o is placed at the top of official paper;
The reason for issuing the double is indicated below;
a new date of issue is set;
Enter the data - date of issue and number - of the previous certificate.

A duplicate certificate and an extract from the Unified State Register are issued within 30 working days from the date of sending the application to the Rosreestr authority. During this time, a corresponding note is placed in the Unified State Register of Rights.

How to restore title documents for housing?

Recovering these documents is somewhat more difficult, but still possible. Where to contact if you need to reinstate the purchase and sale agreement:

If the agreement was concluded in writing, you can apply for a duplicate of it to the body that was involved in the registration and registration of the acquired property. After paying the fee, you can receive a duplicate of the required copies of documents.
If the agreement was registered through a notary, then by contacting him and paying for the services, you can also obtain a duplicate of the necessary document.
You can also contact the seller for help and get a copy of the contract from him.
If the transaction was carried out before 1998, it will be impossible to obtain duplicate documents. In this case, you should immediately go to the BTI and ask for a document confirming ownership of the apartment.
To obtain documents confirming the fact of purchase and sale and taxpayer status for your real estate, you can also contact the tax office. Data on tax payments by the seller of the property and the new owner should be stored here.

Do you need your spouse's consent when selling real estate? The answer is in this article.

To restore the gift agreement, certificate of inheritance or other documents, you can contact:

To the notary who registered the documents.
To the territorial registration authority.
In BTI.
To the housing policy department of the district administration.

Transfer deed.

Shared ownership

If the housing is in shared ownership, then the procedure for issuing duplicates of lost documents becomes a little more complicated. Since the apartment has not one owner, but several, all citizens must submit an application for a duplicate.

All owners must submit applications to the territorial body of Rosreestr at the same time. It is not allowed to transfer applications with one of them if he does not have a power of attorney certified by a notary.

The personal presence of each member is necessary in order to certify the ownership of each individual share. Otherwise, the procedure is no different from that when the apartment has one owner.

What to do if you lose documents for a house or apartment?

If for some reason the owner of the property has lost documents that may confirm his ownership, it is better not to delay their restoration.

In a situation where documents are lost, the procedure for obtaining a duplicate will be the same as described above:

Report the loss to the police (perhaps the owner of the house or apartment will be lucky and the papers will be found quite quickly, which will eliminate the need to knock around various authorities trying to get duplicates).
Contact the registration authorities and ask to restore copies of the lost documents. Papers establishing ownership require special attention. If one of these documents was lost, then you need to start the recovery procedure from it. Obtaining duplicates of title documents occurs as described above.

What documents are needed to obtain temporary registration? The full list can be viewed at the link.

Technical passport for the apartment.

Restoration of the registration certificate

To restore the registration certificate, you need to contact the local BTI with your passport and request a duplicate by paying a 300 ruble state fee.

Restoring a registration certificate with new data to replace the outdated one occurs in the following order:

An agreement is concluded for carrying out measuring work with BTI.
BTI engineers carry out measuring work and issue a registration certificate for the apartment.
The technical passport is registered in Rosreestr and the municipal housing archive.
The applicant is issued a paper version of the registration certificate.

The fee for BTI services usually starts from 3,000 rubles , and paperwork takes no more than two weeks.

How to restore documents after the death of the owner?

Sometimes it is necessary to restore documents that belonged to a deceased relative in order to formalize an inheritance.

In this case, you can contact a notary and request documents confirming the right of inheritance (you must contact the public notary who prepared these papers).

Having the inheritance papers in hand, you can already contact the Registration Chamber for the issuance of the necessary copies of title documents.

Documents that may be needed during the process:

death certificate;
documents confirming relationship.

You can register for inheritance within 6 months from the date of death of the testator. Otherwise, the procedure can only be completed through court.

Find rules for renting an apartment and tips on drawing up a contract in this publication.

To avoid unnecessary hassle in restoring lost documents, it is better to make sure in advance that you always have copies on hand. It is better to store them separately from the originals.

You will learn how to restore documents for an apartment in this video:

Why is it necessary

A technical passport of any house, whether private or multi-apartment, will be necessary when making real estate transactions and other actions, such as:

sale of real estate;
obtaining a loan or mortgage;
entering into an inheritance with the assistance of a notary;
division of shared ownership;
division of property without a will;
putting the building into operation.

Plan of a residential building and plot boundaries

Also, the house passport and plan serve as a powerful argument in various disputes, especially with regard to shared construction. For example, in cases where, when putting a house into operation, the actual area of the building does not coincide with the documented area and this leads to a conflict between the buyer and the owner. Why immediately go to the same court? A technical passport can resolve such a conflict, the characteristics of which should be used as a starting point. Since the essence of the conflict usually concerns the financial side, here, if the discrepancy between the area is greater than in the technical passport, the buyer must pay extra; if less, the owner must reduce the cost and return the excess amount paid.

Also, the inventory value indicated in the registration certificate for the house affects the calculation of the mortgage and the division of real estate by right of inheritance.

Precautions for missing documents

In the event of loss, you need to know not only how to restore documents for an apartment, but also how to protect yourself from fraudulent activities, since the documents could have been stolen for precisely this purpose.

If there are such suspicions, you need to submit a statement to Rosreestr about the loss of documents, as well as a ban on conducting registration applications with this property without the personal presence of its owner.

Thanks to such an appeal, Rosreestr employees will block the opportunity to conduct a transaction with an apartment by third parties.

After this, you can begin to restore documents.

Detention of a vehicle while driving it without documents (not at all)

The detention of a vehicle is stipulated in Article 27.13 of the Code of Administrative Offenses of the Russian Federation; such a measure is used to exclude from the process of participation in road traffic those vehicles that do not meet the requirements and conditions for the safety of their operation, or for violating their registration, as in our case. So, if you have not provided registration documents, then the car will simply be detained. It’s good if you still have the documents at home, but the house is not far away and you brought them, say, even in a day or two. In this case, the car will be returned to you from a special parking lot as soon as you eliminate the reasons for the detention, that is, present the same registration documents. If not, then the car will remain parked and not in your garage... There is only one alternative to pick up the car. Here, as we see it, we will have to pay a fine under Article 12.1 of the Code of Administrative Offenses of the Russian Federation, that is, for the fact that the car is not registered in the proper manner, and it will no longer be possible to pick it up as a vehicle, but simply as property, that is, on a tow truck. Although it is not a fact that the traffic police will meet you. As a result, the car may remain parked in a special parking lot.

Is it necessary to have a PTS or SOP with you?

As with many issues related to cars, the first thing you need to do is turn to the most key regulatory documents, the traffic rules. In this document you can find an entire Chapter 2, “General Responsibilities of Drivers,” which specifically talks about the mandatory presence of a PTS or SOP when driving a car.

Have with you and, at the request of police officers, hand over to them for verification: • registration documents for this vehicle (except for mopeds), and if there is a trailer, also for the trailer (except for trailers for mopeds);

Registration documents mean either SOP or PTS. In fact, the PTS is issued for a car, and the SOP is issued for a specific person. But these documents are interconnected in themselves and in the “normal” version they should be available both. The SOP may be absent temporarily while the car is not yet registered initially, or again after its acquisition. But we have deviated a little from the topic. So, the presence of registration documents is specified in the traffic rules. And as we said, this is either PTS or SOR, which is confirmed by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 “On the procedure for registering a vehicle”

7. Registration documents include vehicle registration certificates, as well as technical passports (technical coupons) of vehicles.

Usually they only carry the SOP with them, which is quite enough, and the PTS is at home. So now about forgetfulness.

Fine for forgetting PTS, SOR at home

If you forgot your registration documents at home, then such an offense would be akin to leaving your driver's license at home. In this case, the article of the Code of Administrative Offenses of the Russian Federation is the same 12.3 of the Code of Administrative Offenses of the Russian Federation, with the exception of part of the article, not part 2, but part 1. We will tell you the significant difference between these parts a little further. The fine in this case will be minimal - 500 rubles, or a warning

Driving a vehicle by a driver who does not have registration documents for the vehicle, and in established cases, documents provided for by the customs legislation of the Customs Union, with marks from customs authorities confirming the temporary import of the vehicle - entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

However, if such a situation arises, then you will have to go for PTS or SOP. We just leave the car near the inspectors, call a taxi and go home to get the documents. The thing is, you won’t get away with just a fine for forgetting your documents at home. You will still need to present your registration documents. Otherwise, the car may simply be detained, that is, taken to a special parking lot. That's the whole "trick"! It is much worse for those who do not have such documents at all.