Making changes to the cadastral passport of a real estate property Legal advice

Information about a property may change over time for various reasons. It is advisable to reflect such changes in the cadastre. Otherwise, the contradictions that arise may become an obstacle to transactions and other manipulations with real estate, or greatly complicate their completion, as well as negatively affect the implementation of other rights of the owner.

For example, a citizen changed the type of permitted use of his land plot and did not make changes to the cadastre. The tax inspectorate will not recalculate the amount of land tax (including downward) until the cadastre contains information about a new type of use of the land plot.

Reasons or in what cases changes need to be made

A variety of facts can serve as grounds for making changes (for example, a change of address). Unfortunately, not a single regulatory legal act clearly lists these facts and grounds, therefore, in order to list the grounds in as much detail as possible, you will have to resort to the practice of cadastral chambers.

So, the first case requiring replacement of the cadastral passport is a change of owner.

Of course, it would not be too smart to throw the previous passport in the trash after each change of ownership and start drawing up a new one. This will take a lot of time. Therefore, the passport is subject to change. Information about its new owners is entered into it and the passport is sent to you within a very short period of time.

This method will save not only your time, but also money.

Another reason for changing your passport is a change in your real estate . Let's take a plot of land as an example. It marks all buildings that are important for the cadastral chamber and Rosreestr, and also marks the boundaries.

And now, a situation arises when you start building another building. After construction is completed, you need to invite a cadastral engineer to take measurements of the new building and mark it on the plan accordingly.

The last and most common reason for changing a cadastral passport is its damage .

Some cadastral passports deteriorate from age and simply need to be replaced so that later you don’t have to restore a pile of yellowed and faded paper.

Someone accidentally damages the cadastral passport by spilling water on it and causing other, not the most pleasant consequences.

Such a document will need to be restored, but you should not put it off for a long time. A damaged document can quickly lose all its functions and properties due to paper fading, softening, and so on, and you will not be able to change your passport - you will have to spend a lot of your time and money on having engineers re-take measurements and draw up a cadastral passport. Inclusion in the state real estate cadastre is a complex and expensive process.

What information is entered into the State Property Committee for land plots?

In relation to land plots, the reasons for taking such actions are: change in cadastral value, configuration and/or area, name of the object, address or location, appearance or disappearance of a water body on the site, any natural plantings, change of land category or type of permitted use , the occurrence of restrictions on the property rights of the owner of the site. The most common reason for appeals are changes in configuration and area (division of plots, consolidation, redistribution, etc.), which are identified during the registration of dacha plots. Changing the category of land is another common reason for contacting a cadastral engineer. For many families, the right to convert an agricultural plot into a construction site becomes a good opportunity to improve their living conditions.

Who is eligible?

Of course, only people who have ownership rights to the property can ask to change the cadastral passport.

Even if you are a relative of the owner of the property, you still do not have the right to make changes.

The application for amendment is written by the person mentioned in the certificate of ownership . But if there are two or more owners, the written consent of each owner is required - in the absence of such written documents, one of the owners who wants to make changes cannot count on providing such a service. Information on the cadastral value of real estate can be found here.

Obtaining cadastral information

The immediate owner is primarily interested in the correctness and relevance of the documentation for the apartment. You can find out the status of the papers via the Internet. You need to go to the Rosreestr website, open the required section and enter the address of the apartment or its cadastral number into the form. The data will be provided immediately.

Absolutely any citizen can receive an extract from the Unified State Register. It contains the following data:

technical information on the accounting object;
cadastral value;
the sequence of changes in ownership from the date of registration of the apartment;
data on existing restrictions on legally significant actions.

If the information contained in the received extract does not correspond to that reflected in the available documentation, then the owner can begin the procedure for making changes. If the online form does not provide information, you should carefully check the entered data. If the extract has not been received, then you can file a claim with the Rosreestr department.

Step-by-step instruction

There are several options for making changes to the state real estate cadastre, and as a result, to your cadastral passport. Both methods of living alone are good and productive, and most importantly, they are suitable for different people, carefully taking into account their employment and capabilities.

The first method is directly related to the appearance in the cadastral chamber.

Secondly, you pay the state fee.
Third, write an application to make changes to the cadastral passport.
The next step is submitting an application with a package of documents to the cadastral chamber.
Now all you have to do is wait the due date and receive an updated cadastral passport.

But according to the established schedule, the cadastral chamber functions only on weekdays, which means that a person working five days a week from morning to evening will be very problematic in submitting documents for changes

That is why on the website of the state register of the Russian Federation it became possible to also carry out a similar action without leaving work, having a computer and the Internet at your disposal.

First of all, you collect documents and do not forget to scan them.
The second, as in the method described above, pay the state fee and scan the receipt or other payment document.
You register on the state registry website and enter the name in the search column.
The next step, the site will ask you to fill out an application in the form of a questionnaire, which contains not only information about you, but also about your real estate property.
Once the application form is completed, attach documents to it electronically and submit for review.
When your document is accepted for consideration, you will be notified by email.

Now let's talk about all the important nuances that may await you on the way to obtaining a cadastral passport, or rather, on the way to making changes to it.

The first thing you encounter is collecting documents.

Mistakes of cadastral engineers

It's no secret that experts often make mistakes when working with a plot of land. If deficiencies are found, they must be corrected. They usually arise due to the inattention of cadastral service employees. This leads to inconsistency of information about the characteristics of the land plot in different documents. They should not contain typos, corrections, or inaccuracies in calculations. Usually such errors are easy to correct. In addition to these, there are other shortcomings: for example, those entailing other features of the site and distortion of real facts. It is not easy to correct them, since land surveying is carried out, and documents are also drawn up anew.

Error correction algorithm: conditions

The first thing the owner faces is the preparation and collection of documents necessary to apply to the authorized bodies. The papers include:

Russian passport (copy);
contract - the basis on which land belongs to a person (donation, purchase and sale, inheritance);
an application drawn up in person for the purpose of amending the cadastral passport.

If the owner submits documents in person, then regular copies are acceptable. If he turns to a trusted person, then in addition to the usual papers, a power of attorney certified by a notary is required. It must be attached to the set of papers and shown to an employee of the authorized body. The citizen fills out the application in person: if something doesn’t work out, he can ask for help from employees of the authorized body.

Upon receipt of the papers, the applicant is given a receipt. It indicates the day and time of their acceptance. All provided papers are also listed. The maximum period for making changes is no more than 18 days.

One of the main documents in the kit is a paper containing information about the changes. The type of document that is provided depends on the case. Situations may be different:

land survey plan (for plots of land): it contains updated or clarified changes;
data about the site itself (its dimensions and location of boundaries);
plan (technical) (if we are talking about real estate objects - number of floors, area, material from which the walls are made, etc.);
decision of the authorized bodies, if there is a need to transfer land to another purpose;
resolution of local authorities on the assignment of a new type of use to a land plot;
a certificate received from the architecture department of the district administration stating that one VRI of the land is being changed to another.

These papers are provided in the original. No fee is paid.

The receipt given to the applicant indicates the deadline for appearing for documents. You need to come to where they were going. Take your passport with you. Upon presentation, receive an updated document. This is a cadastral passport. From the moment it is received, the procedure is completed.

But it is worth understanding that this change procedure is not completely completed. You must contact the Rosreestr Registration Service with a new cadastral passport. This must be done to make adjustments to the unified real estate register. To do this, the following documents are presented to Rosreestr:

an application in a standard form stating that changes need to be made to the unified real estate register;
cadastral passport in the amount of 1 copy (original and one copy);
title document;
receipt of payment of state duty.

The duty is paid at the territorial division of Rosreestr, on the spot. In order to submit these documents, you can contact both the Rosreestr department and the MFC.

Engineer mistakes

If mistakes were made by the cadastral engineer in the survey, then it must be done again. A specialist is called and a survey agreement is concluded. Information about the site is obtained from the Unified State Register of Real Estate. They are provided within 10 days. After this, surveyors carry out cadastral work, based on the results of which a boundary plan is drawn up. It takes about 10 days. It is necessary to agree on the boundaries of the site with the neighbors, who must agree to the established boundaries.

Documentation

Of course, you must appear at such a government agency with a passport in hand. It will be good if you make several photocopies at once.

Another document is a certificate of ownership . It must include you. If the certificate contains references to other owners, then you need to come with them or provide their written consent to make changes, supported by a signature and the specified passport data.

a cadastral passport with you in which you want to make changes. Don’t forget about the document that will prove that you paid the state fee.

In addition, you are required to provide documents that will indicate why changes are necessary. This could be a newly drawn up boundary plan due to the appearance of a new building or a change in boundaries.

There can be hundreds of examples, the main thing is that your words about changing the cadastral plan are documented.

The list of documents does not end there. The most important document is the application . It must be in printed text or in writing, but must be legible.

The application must indicate such aspects as your passport details, characteristics of the property and the reasons for the change.

Also, the application must contain the date and your signature. The application is drawn up on an A4 sheet of paper. The application must indicate absolutely all attached documents on the basis of which you want to make the necessary changes.

Application form for amendments to the cadastral passport of a real estate property.

Why is it needed and what does it give?

First, let’s find out why we need a cadastral passport of a land plot. The document will be required in cases where it is necessary to establish the characteristics of a land plot :

When conducting a property transaction of purchase and sale, exchange, donation or lease. This takes into account not only transactions with land property, but also with buildings erected on the site.
When drawing up a will for the testator or heirs not specified in the will, but entering into inheritance by law.
When the land plot is re-registered as the property of the copyright holder through privatization or redemption.
In case of property disputes that require judicial consideration.
Upon receipt of permission to erect a permanent structure on the site.
When registering land or a capital structure erected on it as collateral or in case of real estate insurance.
Using the land plot as authorized capital or filing a bankruptcy procedure. The passport is also used if the bankrupt transfers industrial and other objects belonging to him to creditors.

In these situations, the absence of a cadastral passport may cause the documentation to be recognized as incompetent, which will not allow a property transaction or other legal procedure to be carried out.

What does a cadastral passport of a land plot provide? Upon receipt and subsequent availability of a cadastral passport, the title owner will always be able to provide up-to-date information on the site without applying for an extract from Rosreestr, provided that the passport contains the required information.

For even more information about why you need a cadastral passport of a land plot, see the following video:

Deadlines

The deadline for making changes to the cadastral plan is established by law. It coincides with the period allotted for replacing the cadastral passport.

However, the five-day period is the maximum and in case of light workload of the cadastral chamber it can be reduced. Please remember that this period does not include weekends or calendar holidays.

Sometimes there are cases when the cadastral chamber delays the issuance of a cadastral passport with amendments.

In this case, you have the right to go to court due to failure to comply with the requirement on time.

How much will you have to pay?

The cost of the service varies depending on the real estate itself. That is, its size and the volume of changes made affect the cost of the service, so you cannot be precise in naming the amount. But the state has established that the state fee for such a public service is three hundred rubles .

Among other things, your expenses in connection with making changes to the cadastral passport can include calling a specialist, namely a cadastral engineer, to carry out work to measure your changes.

Subtleties and features

The main feature of making changes to the cadastral passport is the submission of documents. The law does not list the documents required to make changes, so you will need to individually check with the cadastral chamber staff which documents you need to provide in connection with your specific situation.

The fact of submitting an application through the Rosreestr portal also requires attention . You can write an application on the portal and send it, but bring the documents in person at the appointed time if you do not have the opportunity to make copies with a scanner or you are afraid that your documents will be freely available on the Internet.

The Rosreestr portal is reliably protected from hacking, but this does not change the security rules, so if you have had precedents related to the dissemination of information about you on the Internet, then it is better not to risk it.

Where to contact?

Currently, there are three ways for citizens to obtain paper :

When contacting the cadastral chamber in person.
In the territorial branches of the MFC.
Remotely through the Rosreestr website or the State Services portal.

Depending on the method, a certain procedure is required.

You can find out how to register an object and what papers are required for this on our website.