Real estate documentation usually contains a lot of complex and unclear definitions, the meaning of which raises questions. For example, OKS area - what is it?
The abbreviation “OKS” itself stands for capital construction object. We will examine in detail what the area of a capital construction project is in this article.
Basic concepts and definitions on the topic
The concept of “OKS area” is regulated by the Town Planning Code of the Russian Federation . The document indicates that this type of real estate can be the subject of transactions for which agreements are drawn up, subject to mandatory registration in official government bodies - legal registers.
From time to time, citizens participate in legal transactions related to real estate. This could be an examination of the technical condition of the apartment, redevelopment of residential premises, or registration of a mortgage. All these procedures require technical and cadastral passports.
The area of the capital construction project is included in the OKS plan - a document containing information from the state real estate cadastre . It contains information regarding the type of work: information on the object, premises, real estate to be registered, a new cadastral number, information for making changes.
OKS area: what does it include? OKS can be unfinished real estate or a building, the commissioning of which is possible only after carrying out certain construction or excavation work.
This category of property can be of two types:
- building;
- structures.
The first type can be intended for living, organizing storage areas, operating enterprises, and keeping livestock.
Structures are allocated to a separate category . This is the name given to more complex objects in terms of engineering communications, which are located above and below ground. These objects are created for the transportation or extraction of resources (oil rigs, gas pipelines).
Finished buildings can be transferred to OKS status if expansion or redevelopment is carried out. The same rule applies to buildings.
If it is recognized as temporary, then under no circumstances will it go into OKS. These premises require official registration.
If a person knows how to decipher the OKS, then he should familiarize himself with the features of entering indicators into the registry database. The procedure requires the preparation of technical documentation. Traditionally this is done in the form of a plan.
It records the following information:
- object data;
- information about status changes;
- information about the owner.
The technical plan can only be drawn up by cadastral engineers at the place of residence. A private individual can only check the finished documentation for compliance with the real state of affairs. A cadastral engineer can also certify the document.
The technical plan contains text and graphic parts . The finished document is stored in digital format. It must be signed and sealed. Afterwards it is registered in Rosreestr or through the MFC. Information can be entered through the service online, sent by mail or courier.
Other features
Having studied the decoding of the OKS and found out what it is in the cadastre, it is necessary to take into account a number of nuances. Thus, there may be differences between the technical plan and the area of the facility. In this situation, technical documentation that is not up to date should be rejected. The action is performed by generating new documents.
Corresponding changes are made to the cadastre. For this purpose, papers are submitted to Rosreestr. If the technical plan was drawn up incorrectly, the calculations will have to be adjusted. The cost of documentation starts from 2000 rubles. The price depends on the region of residence and the complexity of the work to be performed.
Features of cadastral registration of area
Cadastral registration of the area is necessary for the owner of residential or non-residential premises . With its help, the owner can legally carry out transactions with property, which means selling, inheriting, renting, donating, and entering into marriage contracts.
The development company also needs the OKS area in the cadastral passport in the process of transferring square meters in the apartment building into the ownership of the buyer.
The area of the property may not coincide with the numbers in the cadastral passport . Most likely, this is due to the human factor: the specialist made a mistake in drawing up the document or there was a computer failure.
Errors in cadastral documents are more common than we would like. This is due to the fact that previously data was entered into documents manually. If the difference is small, there will be no significant problems.
The area of the OKS may differ from the actual area of the house . But this does not prevent the registration of the transfer of rights from the seller to the buyer. In such a situation, the purchase and sale agreement must indicate the area, which will correspond to the data from the Unified State Register of Real Estate. This is the only way to ensure that there are no discrepancies between the title documentation and information from the Unified State Register of Real Estate.
Only a cadastral engineer can make changes to the current documentation. He will make the necessary measurements and submit information to the Cadastral Chamber in parallel with the application for amendments to the cadastral registration.
Preparation of technical documentation
The compilation, certification, or simultaneously of both these operations regarding the technical plan of the OKS can only be carried out by cadastral engineers (Article 44 of the previously noted Federal Law).
You can find such a specialist either in the BTI at your place of residence, or with the direct help of employees of this government organization.
The powers of such a specialist include two mandatory things:
- Drawing up or checking an already drawn up technical plan for compliance with the real state of affairs.
- Certification of this plan, naturally, taking into account that it is drawn up in accordance with the current legislation of the Russian Federation.
Area of OKS in the State Real Estate Cadastre
Technical parameters of a capital construction project are mandatory for buildings that are included in the State Real Estate Cadastre.
From January 2, 2021, the State Property Committee has been renamed into the Unified State Register of Real Estate.
What is the area of OKS in the State Property Committee, as well as how many square meters it contains, can be found on the Rosreestr website. Cadastral registration is primary, and therefore requires the entry of authentic information regarding the capital construction project.
On May 1, 2005, amendments were made to the Housing Code of the Russian Federation. From this moment on, the total area of residential capital construction projects is calculated without taking into account the area of loggias and balconies.
Unheated rooms are not part of the living space . And when determining the total area of residential premises for state cadastral registration, the area of verandas, balconies, terraces, loggias, and exploitable roofing is not included in the main parameter.
Rules for determining real estate KS
The procedure for conducting state cadastral valuation of real estate consists of the following stages:
- The cadastral registration service unit generates a list of real estate objects that are subject to assessment. This procedure is initiated by the local government body of the constituent entity of the Russian Federation.
- The executive power of the administrative-territorial unit holds a competition to determine the counterparty company to carry out the work.
- Experts establish real estate codes.
- The local government body adopts a normative legal act approving the assessment results.
- A report on the cadastral value of real estate is published in the media.
- Officials of the executive committee transmit the results to Rosreestr within 10 days from the date of approval of these data.
Forum • Residential complex Podrezkovo
And I have this question. We have a mortgage, and accordingly we must pledge the apartment to the bank. We cannot do this without a complete package of documents. Today I received an SMS from the bank: “We ask you to provide documents confirming the registration of ownership of the loaned object. The deadline for submitting documents is 06/04/2021.” It’s also strange that the SMS arrived today, but today is already 06/05. How to be? I called, they said contact the department where they took out the mortgage, and in general there will be some fines for this.
Today we submitted documents for ownership. I’ll tell you in more detail where and what to do. The MFC does not accept documents on Saturday (on weekdays they have an electronic queue, on Friday at 14.30 there were no more coupons). In the same building on the left (if you stand facing it) there is a large porch where the Federal Service for Registration, Cadastre and Cartography is located. They are accepted there on Saturdays. The registration is on the table - you come, write down the serial number and last name with a pen, sit and wait. We arrived at 9-10, and were already free at 11-30. Now for the documents. The total state duty should be 1000 rubles. If there are 2 owners in shared participation, respectively - 500 rubles each, if 4 - 250, etc. The terminal takes a commission of 50 rubles and does not give out change, but the rest of the amount can be transferred to the next payment. (enter the required amount, and he will add 50 rubles on his own). Have with you: Passports and photocopies (I did 1 page and registration), all copies. DDU (for each owner +1 copy), all copies. Transfer and acceptance certificate (for each owner + 1 copy). If there are several owners, everyone must come (you need to sign a couple of times).
Will the information in the file be current?
The information will be taken directly from the Rosreestr database and the moment you click the Get passport button (online). Thus, the information will be as relevant as it is in the Rosreestr database. Of course, all this information can be obtained on the Rosreestr website. The usefulness of this service is that it converts public information into an XML file of a cadastral passport.
The file will reflect only public information: type of capital construction project, total area, location (address), number of storeys, underground number of storeys, wall material, years of construction and commissioning, cadastral value, registration status, cadastral engineer, whether rights are registered, etc. The passport will also contain the coordinates of the points of the real estate object (buildings and structures), but in the WGS 84 coordinate system (coordinate system of the public cadastral map of Rosreestr).
Attention: The cadastral passport obtained using this service cannot be considered as a legally significant document; digital signature is not provided. The creators of the service do not bear any responsibility for the completeness and accuracy of the information; claims regarding the contents of the passports are not accepted.
The cadastral passport file can be used for import into Polygon series programs, or into other software.
The total area of the apartment - what does it include?
- The courts take the buyer's side because they use the Housing Code of the Russian Federation as a basis.
- The developer uses the information specified in SNiP as the basis for calculating the cost of housing. This is due to the fact that in this way they oblige you to pay for premises that are not included in the total area. Moreover, their actions cannot be called unlawful, but the case is being considered in court.
- In Article 15, paragraph 5 - the information presented is the basis for calculating the total area. Summarizing the information presented in this paragraph, we can say that the indicator under consideration is equal to the sum of all areas of the apartment, including those of an auxiliary nature.
- Article 16 defines residential premises, which are a house, apartment or part thereof, or a room. All premises in which a person can live belong to this category.
- In Article 16, paragraph 3 should be noted - it is used to define the concept of an apartment.
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How to use the public cadastral map
·GOK – geodetic basis of the cadastre (points of the state geodetic network); ·Territorial zones – zones approved in accordance with the Land Use and Development Rules;
Unified State Register cards online:
- Red Square on the Cadastral Map
- Find out the owner by Rosreestr number
- How to Find out the Cadastral Number of a Non-Residential Premises
- Free View Cadastral Number of the Apartment
- Cadastral Quarter of the Land Plot This is
- Cadastral Conditional Number for the Property Address
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What is the total area of the apartment and what does it include?
- If the room is rectangular, just arm yourself with a tape measure and measure the length of its two walls connecting at an angle. And then remember your school lessons on calculating area and multiply one value by another, getting the area of the room. This option is the simplest, but rarely encountered.
- If the room has a complex shape, it is enough to divide it into imaginary rectangles that will be easy to measure, and measure them one by one. First, two sides, then multiply the value of their lengths, then do the same with other rectangles and, in a long expression, add all the values into one, getting the total area of the room.
- diagonal walls it is enough to imagine an imaginary rectangle, the diagonal wall for which will be the hypotenuse, and measure its sides. Multiply the values of their lengths and divide the resulting result by two. Add the areas of the other rectangles shown.
- Living rooms. Bedrooms, living rooms, children's rooms - everything in which people spend most of their time, in which they sleep, work, spend time at the computer or a good book.
- Kitchens. Regardless of how much time the apartment owner spends in the kitchen, it is still considered a household space and is taken into account in the total area. Even if the owner has made a cozy nest in it for watching movies and reading books, and leaves it only to go to work and satisfy natural needs.
- Corridors. Any corridors connecting the rooms of the apartment from the inside.
- Sanitary rooms. Bathrooms, toilets, combined bathrooms, they are all part of the total area, but not part of the living area. No matter how tempting it may be to spend all your time in them.
- Wall cabinets. Despite the fact that a person does not enter them at all, they are taken into account in the area of the apartment, if they are not too small for this.
- "Khrushchev's refrigerators." Niches in the walls, made back in Stalin's times so that that part of the population that could not afford a refrigerator could store food in them, also count towards the total area.
Letter of Rosreestr dated April 26, 2017 N 14-05403-GE/17
See MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION FEDERAL SERVICE FOR STATE REGISTRATION, CADASTRE AND CARTOGRAPHY LETTER dated April 26, 2021
N 14-05403-GE/17 The Federal Service for State Registration, Cadastre and Cartography, having considered the appeal in accordance with the instructions of the Ministry of Economic Development of Russia, reports. 1. According to Article 8 of the Federal “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ): basic and additional information about the property is entered into the register of real estate objects of the Unified State Register of Real Estate (hereinafter referred to as EGRN) (part 1); basic information about a real estate object includes the characteristics of a real estate object, which make it possible to define such a real estate object as an individually defined thing, as well as characteristics that are determined and changed as a result of the formation of land plots, clarification of the location of the boundaries of land plots, construction and reconstruction of buildings, structures, premises and parking spaces, redevelopment of premises (part 2).
PRO new building 7 (499) 653-64-91 (Moscow)
- First of all, draw a diagram of the apartment on a piece of paper in order to enter the values. Don’t forget to measure utility rooms (closets, corridors, etc.);
- Measure the length of absolutely all the walls in the room at the level of the baseboard (pull the tape measure well and accurately), convert the amounts into meters and record them on the diagram. If the room has an irregular appearance (protrusions, corners, curves, recesses), it is necessary to divide the room into separate shapes and indicate their sizes in the diagram;
- Multiply the width and length of each room and fix the scale in the plan. By adding up all the areas of the rooms, you get the total. Do not forget that each living space has 3 parameters: total, living and area of the apartment itself.
- balconies and loggias;
- terraces and verandas;
- niches that are less than 1.80 meters high;
- the area under the stairs if its height is less than 1.60 meters (measured perpendicular to the floor);
- fireplace stoves;
- arches and doorways less than 2 meters wide;
- rooms without heating.
Is the balcony included in the total area of the apartment or not?
When analyzing Article 15 of the RF Housing Code, namely paragraph 5, it turns out that the calculation of the total area of a dwelling is carried out by summing the areas of its components. In other words, both domestic premises and auxiliary premises that are associated with the fact of residence of persons in the premises are included in the registration.
The above facts do not indicate that the development company should give away a balcony or terrace for free, as a gift, in favor of the buyer. These properties must, however, be paid for using area reduction factors, since they cannot be considered residential space.
What is included in the total living area of an apartment - controversial issues
Since the current laws of our country are constantly being modified, many controversial issues arise on this issue and very often. After all, most of the nuances are regulated by various documentation and by-laws that are not accessible to the average person.
No matter how much a greedy official would like to add extra meters to the total area of your apartment, adding a balcony will not work out here. Although he, of course, will give you the 2021 SNiP as a basis, which gives him such an opportunity, however, you calmly assert that the Housing Code of the Russian Federation should be taken as a basis for such a calculation. And it excludes the balcony from the total area of your apartment.
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Conclusion
OKS stands for capital construction facility. All unfinished real estate or buildings in which significant redevelopment is being carried out are considered as such. Information about the area of the indicator is recorded in Rosreestr. The data may be required for the execution of contracts. If there is a need to request information, the action can be carried out through the official website of the organization. Additional information can be found in the documentation.
Real estate documentation usually contains a lot of complex and unclear definitions, the meaning of which raises questions. For example, OKS area - what is it?
The abbreviation “OKS” itself stands for capital construction object. We will examine in detail what the area of a capital construction project is in this article.
About the concept
OKS or capital construction facility is real estate that has not been completed, or a building, the commissioning of which is possible only after a series of land or construction works. Typically, property related to the concept is divided into 2 types - buildings and structures. The first category includes real estate that is being built for the following purposes:
- Accommodation of citizens.
- Organization of storage areas for property.
- Operation of enterprises.
Buildings include residential buildings, warehouses. Structures are distinguished separately. The name is given to real estate objects that are more complex in terms of engineering and communication organization and are located above or below ground. Such real estate is created for the extraction of resources, transportation or achievement of similar purposes. Examples include gas pipelines and oil rigs.
By the way! Finished buildings can be transferred to the status of capital construction projects. This is possible if significant redevelopment or expansion is carried out. A similar rule applies to buildings.
If the building is temporary, under no circumstances will it be recognized as a capital construction project. Therefore, such premises do not require registration.
