One of the important certificates of real estate is the cadastral passport, which is included in the package of mandatory documents on property law. Currently, the official bodies that issue and help you find out where to get a cadastral passport for a house are the BTI, Rosreestr, and the MFC “My Documents.” The only competent authority that issues certificates of the established form is Rosreestr. Recently, changes have occurred in the cadastral system of Russia and now, instead of the previously valid cadastral passport, the concept of an extract from the Unified State Register has been introduced, which has completely replaced the document itself and the certificate of state registration of property. You can order a cadastral passport for a residential building and view other sample documents here.
What is a cadastral passport for a house and why is it needed?
Real estate officially registered is property located on a land plot allocated by the state. Thus, by determining the boundaries and exact parameters of the site allocated for the construction of a house, as well as the scale of the planned development, a special document is formed, namely a cadastral passport, displaying documented information.
In order to understand why the owner needs a cadastral passport, you should consider the data that it includes.
It displays the following information about the property:
- boundaries and coordinates of the site allocated for construction;
- actual and postal address;
- graphic location of the planned house within the boundaries of the territory;
- purpose of the designed object and its type;
- type of building material;
- cadastral number of the quarter;
- schematic display of the location of building premises, number of rooms;
- technical description of the size of the rooms, ceiling height, number of storeys;
- valuation of the object in monetary terms;
- year of commissioning;
- a note about restrictions on use, encumbrance, if any;
- passport data necessary to identify the owner;
- owner contact details;
- information about the engineer authorized to perform technical work;
- date of registration in the state register.
Thus, the characteristics of the property are displayed in the passport in full, have an individual cadastre number and are recorded in the State Register based on it. The data is provided at the request of the interested citizen, government agency or judicial authority.
Sample
The form for filling out a cadastral passport for a residential building is established at the state level and has an official sample.
You should consider it to understand what a document such as a standard cadastral passport for a house is.
The official requirements stipulate its description in three sections containing:
- detailed technical data of the premises in question;
- graphic display of the plan of the object and the adjacent territory related to it;
- an extract from the technical passport data.
Registration requirements include the presence of a mark indicating the date of registration of a residential building or other premises.
Important! Federal Law No. 218 “On State Registration of Real Estate” was finalized and the cadastral passport as a separate document was abolished. Based on the innovation, from January 1, 2017, an extract from the Unified State Register of Real Estate is issued, which includes an expanded list of information that combines information from two government agencies: the real estate cadastre and the unified register of rights.
Thus, the provided extract from the Unified State Register is an actual analogue and replacement for the cadastral passport.
An extract is required for:
- confirmation of the right to use the house;
- carrying out any legal transactions and transactions with him;
- real estate insurance;
- redevelopment;
- obtaining a loan secured by it.
The presence of an extract allows legal entities to dispose of property as authorized capital or recalculate the company's fixed assets, as well as implement bankruptcy.
You can see what a sample of the new cadastral passport looks like below:
The requirements for obtaining a cadastral passport for a house, apartment or plot of land are generally similar.
Documents for obtaining a cadastral passport
You should consider the list of necessary actions to understand how to place an order for a cadastral passport for your home.
Such a document is drawn up based on the following data:
- property owner passports;
- owner statements. The representative is given the right to act on behalf of the owner if a power of attorney certified by a notary is formulated in his name;
- certificate proving ownership of the immovable property;
- a form containing information about the source of the right to the premises;
- original special receipt for payment of state duty.
Additionally, it is necessary to create a technical plan for the house through the services of engineers accredited by a special body. You can check information about the authenticity of accreditation on the official website of Rosreestr.
An engineer goes to the property registration address to create a geodetic survey and measures the area of the allocated land. Additionally, he checks the actual boundaries of the site, the number of floors of the building, the building materials used and compares the obtained facts with the original data on paper.
List of documents
To obtain a certificate, you must provide the MFC employee with the following:
- statement . It can be compiled independently using a sample on company letterhead, but it is easier to do this together with a specialist;
- passport ;
- title documents. This is information that confirms the owner’s rights to the property;
- receipt of paid state duty. The fee is 200 rubles for individuals and 600 rubles for legal entities. You can pay the receipt at any bank branch. It is necessary to correctly indicate the details of the territorial body to which the payment is sent;
- technical certificate. It is presented during the initial registration of the certificate, or in the event of receiving a new one as a result of redevelopment. You can order a technical passport from government agencies or from private companies (
The main document is a certificate of ownership. In case of its absence, it is allowed to present a purchase and sale agreement, a certificate of inheritance, a gift agreement, etc.
Ways to obtain a cadastral passport for a house: instructions
The creation of a document is regulated by Russian legislation, which provides for the possibility of applying for its formation to a choice of one of several organizations authorized to work on it and regulated at the state level. To understand how to issue an official cadastral passport, you need to decide which organization the papers will be submitted to.
Attention! The beginning of the stages of work on a passport on the part of the authorized body always begins with the consideration and acceptance of an application from the owner, and on the part of the owner - with the preparation of the necessary package of papers relating to information about the premises.
The application is submitted to the location of the closest body in relation to the registered object, which is in charge of the specific site, in written or electronic format.
The appeal must be registered under an individual number, and the person who created it is provided with a receipt containing the surname, full name and patronymic of the applicant.
Additionally, the final date for filling out the passport is calculated.
So, in 2022, you can contact the following structures, where you can order a passport for your home, where you need to take materials containing information about the registered premises.
MFC
The opportunity to contact the MFC is provided in order to save time for citizens who want to submit documents to obtain a cadastral passport for their home. However, the documentation will be forwarded to Rosreestr for immediate processing, and therefore the processing time will increase.
Rosreestr
The body that directly maintains and controls the accounting of land and real estate located on it is the Cadastral Chamber and is subordinate to Rosreestr.
Any citizen can contact Rosreestr if he wishes to register a premises directly there. Here the owner has the opportunity to ask questions personally to an employee or representative of the organization and receive some answers regarding the legal subtleties of registration.
Rosreestr is authorized not only to register real estate and land, but also to make any edits or changes to the documentation.
At the post office
If the owner is located outside the city or other locality, it is convenient to send a package of relevant papers, pre-notarized, through the services of the Russian Post. A letter is registered with a description of the attachment and using a service such as notification of receipt.
The right to transfer documents to government agencies in electronic form is provided if there is an electronic digital signature.
Government services website
On the government services portal, by going to the address on the Internet, it is proposed to register online a package of papers in XML format, certifying them with an electronic signature, without which the application will be considered invalid. In case of errors when filling out fields or uploading files, the system will issue an appropriate alert.
Home visit
Compliance with all formalities when registering an individual private household for the formation of a cadastral passport has been possible at home since 2013. Thus, home visits by authorized Rosreestr employees have become especially important for those who do not have enough free time to carry out the procedure.
Home visits by employees are carried out when ordering the service:
- by phone;
- e-mail;
- in the organization's office.
The application is reviewed, and a day later a Rosreestr specialist will agree on a visit date and a convenient time. It should be noted that this service is paid.
What should the statement look like?
The cadastral extract of a plot of land covers 6 sections.
The first three contain material identical to pages KP1, KP2 and KP3.
On KV4 there is graphic material about the land plot with the definition of specific data on angles and turns.
On page KV5 there is a descriptive part specifying the boundaries of the territory, as well as the numbers of adjacent plots.
KV6 includes information about turning points with coordinates and special marks.
Find out how to order a cadastral extract of a territory in electronic form from our article!
Processing times and costs
To generate the certificate, 5 days are allotted, after which it must be issued to the applicant in the manner specified by him.
The law does not provide for the exact validity period of a cadastral passport for a house, so its expiration date is not limited . However, if any changes were made to the design of the house, including on the basis of discovered errors made by the engineer, then the paper loses its relevance and will need to be reissued again. The question of how to correctly make changes to the cadastral passport for a house should be discussed with a specialist. Thus, in the Rosreestr database, the source data will be updated to take into account the changes.
To understand how much this service costs, you need to decide on the method of sending the documentation.
The cost of obtaining a cadastral passport:
- Individuals have access to an extract from the USRN for 750 rubles. in paper form and paying 300 rubles if the statement is provided electronically;
- for legal entities the cost of state duty will be 2200 rubles. in paper form, and half as much if the document is provided electronically.
The service of specialists visiting your home will cost 2,500 rubles. for legal entities and 1500 rub. must be paid to individuals. Citizens with disabilities of 1 or 2 groups, as well as WWII Veterans, have access to free services.
To understand how long it takes to make a cadastral passport , the method of sending documents is determined for calculation.
Deadlines for issuing a cadastral passport:
- when applying in person to the territorial department of Rosreestr - from 5 to 7 working days;
- when sending a package of papers by post, the period is calculated from the day it arrives at the specialist for consideration.
When documents are received from the applicant at the MFC, the processing time for the application increases.
Is it necessary to register a non-residential country house?
This concept arose with the adoption of Federal Law No. 93-FZ of June 30, 2006 “On amendments to certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain real estate objects.” However, it is necessary to take into account that in this case, in addition to the benefit - property tax will not be charged for an unregistered house - there are restrictions.
In the absence of registration of the right to an erected building, a citizen does not have the opportunity to dispose of it, including selling, donating, bequeathing, etc. Difficulties may also arise in protecting rights associated with an unregistered building.
Therefore, if the ownership of your building has not yet been formalized, then all activities to improve the house can be assessed as a continuation of the construction of the building, which does not require obtaining a building permit and drawing up design documentation. If the ownership of the building is registered, then, in accordance with the law, obtaining permission for reconstruction is not required.
After completion of the reconstruction, you will have the opportunity to register the changes made in a simplified manner. Since the land plot is jointly owned, it makes sense to register joint ownership of the garden house.
Reasons for refusal
The legislation provides for situations in which an application written to receive documents and create a cadastral passport is rejected.
Reasons for refusal to generate a cadastral passport for a residential or country house:
- documents do not comply with the established form;
- Not a complete package of papers is provided;
- the boundaries of the land territory are not precisely defined, moving to the neighboring plot;
- discrepancy between the information from Rosreestr and the data specified by the applicant.
The owner is notified of the reasons for the refusal.
Judicial practice on main issues
The owner, as well as the buyer, have the right to appeal the decision of one or another state authorized official keeping records in court.
The reason for appealing to a higher authority or court may be:
- violation of the deadlines for the statement generation process;
- unjustified refusal to accept an application or issue an extract;
- employee's request to provide additional papers.
So, for example, when a claim is filed with the district court with a request to eliminate obstacles that have arisen when using one’s own allocated land, it is necessary to provide evidence of the occurrence of such obstacles. As can be seen from judicial practice, the act of removing the boundaries of a site is accepted as evidence.
The court issues a ruling indicating the need for an examination to confirm the presence of an error in the location of the boundaries.
At the same time, the owner of the adjacent land territory files a counterclaim, indicating an error in the cadastre and an appendix with a conclusion signed by an engineer.
A third party when considering a controversial situation may be the Cadastral Chamber represented by a representative calling on the applicants to consider the settlement agreement.
The applicants give positive consent to reconciliation, and the cadastre error is corrected.
Methods of obtaining
There are three ways to obtain a certificate :
- Submit an application to the cadastral chamber (Rosreestr).
- Go through the public services portal to the State Register website.
- Submit an application to the multifunctional center.
You can learn about the concept of a cadastral plan for an apartment, the cost of registration, as well as how to get one for an apartment in a new building on our website.