What is cadastral registration of a building?
Registration of a house for cadastral registration is inextricably linked with two concepts. This is the accounting and registration of property. The first action is expressed in entering information into the Unified State Register. The second is that the property is taken into account. It is given characteristics that allow it to be identified among other real estate. In particular:
- Name;
- location;
- appointment;
- number of storeys;
- plan (situational);
- cadastral identifier.
The registration procedure means the actual recognition of ownership of the building.
Only real estate is put on the cadastre if a person has changed the characteristics of a building located on a plot of land. If registration of rights is added to accounting, this occurs in the following cases:
- a private house was built on a plot of land;
- formed by dividing a land plot;
- demolished, but on the condition that it was previously registered in the Unified State Register of Real Estate.
If the characteristics of a private house have not been changed, but, for example, the property was gifted to another person, registration of the transfer of ownership is required.
Agreement with investors
A document certifying the right of an individual investor to become the owner of an apartment is an investment agreement. Registration of ownership of an apartment building is carried out with their legal examination.
For an investment transaction to be legal, it must be concluded with a person authorized to attract investment from investors.
The developer, a legal entity, is required to present the charter and constituent documents of the enterprise, as well as the appropriate permit to conduct such activities.
An individual entrepreneur acting as a developer is also required to submit documents confirming his status. If investor investments are not attracted by the developer himself, it is necessary to submit agency agreements that allow the appropriate representative to do this.
The investment agreement must indicate the name of the object, its actual location, as well as the area of the occupied site and the composition of apartments, etc. This data should subsequently reflect the agreement on the assignment of property rights at the time of its conclusion.
The procedure for registering a house
How to register a house with the cadastral register? This is done by the owner. If a citizen who has not reached the age of 18 acts on behalf of the owner, a legal representative acts instead.
Registering a house on the cadastre - you need to collect a package of documents:
- Statement.
- Technical plan.
- The basis on which ownership was acquired. These can be various civil contracts, such as donations, purchases and sales, etc.
- Receipt of payment of the duty.
The registration procedure takes place in Rosreestr. But the applicant has several options for applying for the service. He can personally visit Rosreestr, and also transfer a package of papers through the MFC.
The period for registration on the cadastre is 10 days, excluding weekends. It includes the actions of Rosreestr employees regarding the transfer of ownership. If documents are submitted through the MFC, the period increases to 12 working days.
Methods of circulation
You can deregister a private house or put a new one on it with registration of the right in Rosreestr. But he is not represented alone. In addition to him, the MFC is dealing with this issue. This institution performs exclusively intermediary functions. MFC is an intermediate link between the population and registration authorities. If you submit documents to this institution, the waiting period will be delayed for several days.
MFC provides quality services. The units are equipped with electronic terminals. In them, the applicant receives a ticket and waits in an electronic queue. After checking the documents by an MFC employee, he hands them over against signature. A notification will be sent to your phone when new ones are ready.
If the user submits documents through Rosreestr, then it is necessary to write an application according to the sample and attach documents. An employee of the registration authority carefully examines the documents. A receipt is issued that they have been accepted.
Required documents
To carry out registration actions, prepare a package of documents:
- Passport. This is the applicant's main document. If another person acts on his behalf, then he needs a power of attorney certified by a notary.
- The document is the basis on which the applicant has the authority of the owner. This could be a donation, a privatization agreement, or permission to put a house into operation. All documents must be in 2 copies.
- Plan (technical), land surveying, territory plan map, etc.
- Application for registration actions.
- Receipt for payment of state duty.
In special cases, Rosreestr has the right to request other documents.
Sample application
Cost of registering a house
For the provision of various services, the state collects mandatory fees from the population. This is a fee that varies in size. It is paid upon transfer of documents. The MFC has special terminals that accept funds to pay for services. But you must remember that the machines do not give change and you will have to carry an amount of cash with you equal to the cost of the duty.
You cannot pay the fee with a bank card for all categories of services. Many users still turn to trusted banks and pay the fee at Sberbank, through an operator or terminal. The amount of the duty is determined by the Tax Code of the Russian Federation. It all depends on the type of service, category of payers.
IMPORTANT: a distinction should be made between payment of the cadastre and the fee for registration actions related to the transfer of ownership. When registering private property, no fee is charged. When paying a fee for registration actions, a fee is charged under Art. 333.33 Tax Code of the Russian Federation.
Application processing time
Registration on the cadastre differs in terms of the provision of services by Rosreestrom and the MFC. Let's compare:
| Name | Rosreestr (days) | MFC (days) |
| property registration procedures | 7 | 9 |
| accounting (cadastre) | 5 | 7 |
| procedures combined above | 10 | 12 |
| registration procedures by court decision | 5 | |
| in case of encumbrance of real estate | 3 |
Get an updated technical passport
The Technical Inventory Bureau will help you obtain an updated technical passport for your home with updated information. To do this, send an application to the Bureau.
The Bureau develops the technical passport of the MKD in several stages:
- accepts and processes your application,
- enters the application into the schedule of visits of specialists for the initial examination,
- determines the departure date,
- carries out inventory,
- develops a technical plan of the premises and enters survey data into it,
- prepares a technical passport,
- gives you documents.
Find out whether it is necessary to provide technical documentation for the house to the owners upon their request
Why can they refuse?
Documents are transferred to Rosreestr and checked by agency employees to determine whether their form and content comply with the requirements of the law. They may contain shortcomings and errors. And the cadastre is suspended in this situation. Identified inconsistencies are eliminated. But the law allocates no more than 3 months for this.
A complete refusal is issued in the following cases:
- If the property that a person seeks to register is not an object of real estate.
- The application does not comply with the form approved by the Ministry of Justice.
- The application does not bear the signature of the applicant or his representative.
- The property that appears in the application is formed from another (section, allotment in kind). But performing these actions is contrary to the law.
- A real estate object is formed from another, information about which in the Unified State Register of Real Estate is of temporary significance.
- Inappropriate applicant, such as someone who is not the owner.
- A premises that does not meet two parameters is placed on the cadastral register: isolation and isolation.
- Rooms in a communal apartment, even if they are separated from each other, are not registered as separate real estate objects.
- An incorrectly drawn up boundary plan, with identified errors and inconsistencies.
- The applicant did not eliminate the shortcomings related to the submitted application, etc., within 3 months.
- An object that belongs to the stage of unfinished construction is registered. But this can be done if the pace of its construction allows it to be identified as real estate property.
Based on judicial practice (Resolution of the Plenum of the Armed Forces of the Russian Federation of 2015, I25), it was clarified that the issue of recognizing an object under construction as real estate occurs if the foundation work on it has been completed. This is the minimum threshold that allows an object to be recognized as real estate.
These are the grounds for refusal.
How to appeal a refusal
The applicant receives the decision, which contains the refusal of the authorized body to register or remove the house from the cadastral register. It must contain the reason, with reference to Art. 27. N221-ФЗ. The regulation will indicate the reason why the authorized body did not register the real estate property. Any shortcomings are indicated. If the boundary plan is drawn up incorrectly, it is returned to the applicant for further processing. Recommendations are indicated according to which the identified inconsistencies need to be eliminated.
The decision of the authorized body is being appealed. This is done in court.
An example of an appeal through court
The law prohibits registering, at the request of the owner, an object that is not real estate.
The entrepreneur submitted the claim to the court. In it, he demanded that the decision to refuse the authorized body be declared illegal. A canopy was placed for waiting for transport on a plot of land, decorated in accordance with all the rules. The plaintiff emphasized that it cannot be dismantled, since it is firmly connected to the land plot. And it cannot be transferred without causing damage to its intended purpose.
The court refused the plaintiff on the basis of Art. 130 Civil Code of the Russian Federation. He admitted that the object about which the applicant filed a lawsuit was manufactured under standard factory conditions. Structurally, it consists of modules with a metal frame with enclosing structures consisting of impact-resistant glass. In addition, the design includes double-glazed windows and connecting elements. All these structural elements can be disassembled.
In other words, the court did not agree with the plaintiff’s arguments that the structure cannot be moved without damaging its intended purpose.
Therefore, the disputed object does not relate to real estate. And it cannot be registered in the cadastral register. The decision of the cadastral authority is lawful. Order a free legal consultation
Check list
To update the data of the MKD technical passport:
- Conduct a scheduled or unscheduled inspection of your home.
- If you find discrepancies between the actual condition of the premises and the technical passport, apply for updating to the Technical Inventory Bureau.
- The bureau will process your application, conduct an inventory and prepare a new technical passport.
- Get an updated passport and continue managing your apartment building.
It is important to remember that: No, the management organization does not have the right to independently update the technical passport data. This should be done by specialized organizations. No, it is not enough to measure the area yourself and draw up a survey report. To update the information, you need to involve the Bureau of Technical Inventory.
Author of the article: Elena Shereshovets, director of SRO real estate managers “Quality. Innovation. Technologies", member of the Expert Council on Housing Policy and Housing and Communal Services of the State Duma of the Russian Federation, head of the department of "Legal Regulation of Construction and Housing and Communal Services" at the State Academy under the Ministry of Construction and Housing and Communal Services of the Russian Federation, employee of the Expert Group of the Center for Management of Housing and Communal Services for information and analytical support of reform and modernization of the housing and communal services industry in Russia at the RANEPA under the President of the Russian Federation.
About the project declaration
An important condition adopted by the Federal Law in 2004 is that after a construction permit is issued, a project declaration must be published. Moreover, this must be done no later than two weeks before the date of signing the first agreement on shared participation in the construction.
Only after this the developer receives the right to accept borrowed funds from shareholders.
Registration of ownership of an apartment building requires the submission of a supporting document confirming the fact of publication with the corresponding date.
