Everything the owner of non-residential premises needs to know about registering an object and assigning it a cadastral number

Transactions with non-residential premises are carried out daily. Individuals and companies sell offices, retail outlets, garages and other properties that are not intended for residential use. But to carry out such transactions, registration of objects with Rosreestr (cadastral authority) is required. The question is how to register a non-residential building in the cadastral register, what papers to prepare for this, and which method to choose for transferring the application. We will consider these and a number of other questions below.

What is registration of a property for state registration?

This is a reflection of data on specific real estate objects in the Unified State Register. This is a public document and information from it is available to everyone. The rules for its maintenance and composition are reflected in Article 7 of Law No. 218-FZ. It contains all the information about real estate in the Russian Federation.

Objects receive a unique number that determines their location at a specific address. This is confirmed by the cadastral passport. The number can be canceled only when the actual existence of the object ceases. The cadastral registration of real estate is carried out by the Rossreestr service . It operates with information about premises and structures provided by engineers from the Bureau of Technical Inventory.

Before you begin to prepare the necessary documentation that will allow the property to receive a cadastral number, pay attention to the purpose and legal status of the land under these objects.

There are situations when owners or other interested parties decide to rent out part of the main property. At the same time, the strict boundaries of this part are determined, and the main premises receive an encumbrance in the form of tenant rights. In such cases, such parts are placed on temporary cadastral registration and assigned a temporary cadastral number. The cadastral number of the original premises remains unchanged.

Cadastral registration options for premises

There are several options for registering real estate. Taking into account the characteristics of the premises, this could be:

• primary accounting after the construction of a building, when separate premises are immediately allocated;
• creation of a room from the volume of an existing building;
• the formation of a premises as a result of division, allocation, merger (as a result of these works, the original object may lose its existence or remain in a changed form);
• accounting for making changes to new characteristics after redevelopment, reconstruction.

Isolation and isolation will be checked in each of the listed cases. The owner or his representative by proxy can undergo registration. If the shares of several persons are registered in the premises, they all submit a single application, or issue powers of attorney for representatives. With the consent of the owner, the tenant of the premises can undergo registration (usually this happens when redevelopment for the tenant’s purposes).

There are three main options for undergoing cadastral registration of real estate.

Under what conditions is it permissible to register part of a building for cadastral registration?

Accounting for a part of a building or premises is permitted without confirmation of separation and isolation. This means that part of an object can be identified by describing it in the contract, reflecting its location and boundaries on the diagram. It is not necessary to install walls, partitions or other enclosing structures. A description of the part will be made by the engineer when preparing the technical plan.

It is important that the cadastral number is assigned to a part only temporarily, i.e. for the rental period. When the contract ends or is terminated, the number will be canceled automatically or at the request of the owner. While part of the property is registered, it cannot be re-rented.

Expert commentary. Double cadastral registration of real estate is possible only in case of a technical error. In practice, this happens extremely rarely, since the algorithms for maintaining the Unified State Register and systematizing information about real estate have long been worked out. Registry errors may occur, but they are not related to double counting of the same object.

For what reason might it be required?

Non-residential premises can be registered for several reasons:

1. To account for newly created premises.
2. To take into account such premises that arise in the process of separating premises from an object, connecting several, reconstruction, redevelopment and similar actions permitted by law.
3. When a residential premises is converted into non-residential premises, its main characteristics change - its type and purpose. And then the premises are registered again.

Meaning of the procedure

When using and disposing of a property, whether it is residential or not, it is not enough to have only a document that proves the fact of acquisition of this property. If there is a need for sale, donation, exchange and similar legal actions, it will be impossible to carry them out without registering the premises with the cadastral register and their state registration.

Paragraph 5 of Article 1 No. 218-FZ defines state registration as the only evidence of the existence of the right to real estate. It can only be challenged in court.

How to install?

A technical plan is ordered from the Technical Inventory Bureau at the location of the real estate property. In order to receive it you must provide the following documents:

• statement;
• documents that confirm the right to premises;
• receipt for payment for the service;
• passport or identity document.

If there is no technical plan, then an engineer will come to you, take measurements and determine the characteristics. The cost of BTI services is not fixed by law; prices in different regions are set by the bureau independently. When the procedure for obtaining a technical plan is completed and it is received, you can contact the Rosreestr branch or the MFC. The entire registration procedure is described in the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.

Required documents:

• application for registration;
• available documents confirming the right to the premises (donation agreement, sale and purchase agreement, exchange agreement, certificate of inheritance, etc.) and their copies;
• information about encumbrances, if any;
• the technical plan itself;
• passport or any identification document;
• if documents are submitted by a representative - a power of attorney.

Article 18 of Law No. 218-FZ has a list of required documents, but indicates that documents cannot be required that are not contained in this list. But it will be better if you collect as many available documents as possible.

Documents can also be sent by registered mail with a list of attachments with acknowledgment of receipt or by e-mail. In return for the documents, you will be given a receipt indicating their receipt, which will indicate the deadline for registration.

The deadlines vary depending on the methods of submitting the application and documents . All of them are specified in Article 16 of Federal Law No. 218-FZ.

• To put it on cadastral registration - 5 working days from the date of receipt of the application (Clause 3 of Article 16 of the Federal Law No. 218-FZ).
• To register cadastral registration and, additionally, rights to real estate – 10 working days (Clause 5, Article 16 of Federal Law No. 218-FZ).

In cases of filing applications through the MFC, these deadlines are extended by two days. If you submit an application and documents in person through a government agency or MFC, you must present a passport. But if the documents are sent by mail, then an application and agreements, notarized, and a copy of the applicant’s passport will be required.

When sending documents, please indicate your contacts – telephone, email. This is necessary for urgent communication with you in case of detection of errors or lack of data.

Timing and cost

Real estate accounting is a free public service. Since objects are usually registered simultaneously with the registration of rights, a fee must be paid for the combined procedure. Its size is 22 thousand rubles. (for enterprises) and 2 thousand rubles. (for individuals). The amount of the fee does not depend on how the documents are submitted.

The duration of the procedures, on the contrary, depends on the method of filing the application:

• if the applicant only needs accounting of the premises, an extract from the Unified State Register is issued after 7 days (Rosreestr) or 9 days (MFC);
• with simultaneous registration and accounting, the procedures will take 10 days (Rosreestr) or 12 days (MFC).

It is impossible to speed up the procedures, since all deadlines are specified in the law. But you can avoid suspensions by Rosreestr, which can last up to 3 months. To do this, carefully consider the choice of a cadastral engineer in order to receive a technical plan without errors.

The production time of technical plans depends on the size, area and type of premises. The Smart Way company offers document processing in just 1-3 days. We guarantee that the technical plan will fully comply with Order No. 953.

Are there any differences if the property is not fully leased?

The lease agreement must indicate the mandatory registration of part of the leased premises. To register, you must describe all its individual characteristics. A prerequisite is that such a part is located within the main non-residential premises.

The contract must contain information about the location of part of the rented premises and outline its boundaries. This can be done in different ways: indicate the boundaries in the cadastral plan, develop separate drawings of the premises being rented out, and be sure to attach these documents to the lease agreement as an integral part of it. Additionally, a technical plan of the entire facility is prepared, which indicates the boundaries of the rented part.

If you are not careful when determining the boundaries of the premises, the lease agreement may be considered not concluded. This is stated in the Resolution of the Seventeenth Arbitration Court of Appeal 17AP-4076/2007-GK. Temporary registration under a lease agreement is regulated by Article 44 No. 218-FZ.

When part of the premises is registered, a lease agreement is simultaneously registered. The following documents are submitted for registration:

• lease contract;
• technical plan for this part of the facility.

When registering a lease agreement, the right to the main premises does not terminate . A temporary cadastral number is entered into Rosreestr and, upon completion of the contract, it is canceled.

Our services and prices

Do you need to quickly register non-residential premises in Rosreestr? Then Smart Way will help you. We provide legal services. persons and citizens:

• design, development of all types of real estate documentation;
• preparation of technical plans in the shortest possible time;
• support of all procedures in Rosreestr and MFC with receipt of ready documents;
• assistance in preparing documents for real estate transactions.

All work is performed only by experienced and qualified specialists. This will ensure that you will not have any problems when contacting government agencies. The preliminary cost of work, services and documents can be found in the table below.

Difference between registering the entire building and part of it

The technical plan of the building, in addition to information about the address, number of floors and area, must also contain information about its dimensions, where the building is located, what material the walls are made of, and the degree of completion of construction.

If everything is simple with buildings - they are completely intended for their intended use, have a technical plan, clearly defined boundaries on the land plot, then the registration of premises has its own characteristics.

If you register a premises, then you need to start individualizing it . It must have walls or partitions that allow it to be completely isolated from the rest of the building. He must have separate access to utilities.

This rule applies to all non-residential premises. It is also important when taking into account hygiene and fire standards. In addition to indicating in the technical plan such characteristics as: address, area, floor, there must be an indication of how it is located in the building along with its contours.

What to do in case of refusal?

They will not simply refuse state registration without reason . If reasons are identified why registration cannot be carried out, the government agency will issue an order to eliminate these reasons. This is discussed in Article 27 of Federal Law No. 218-FZ. These reasons are listed in Article 26 of the Law:

• the applicant does not have the right to dispose of the property, and also does not have the right to submit documents;
• the object is already registered;
• it is impossible to register this object under the law;
• not all documents are presented;
• the documents are not authentic or unreliable;
• the property was formed from objects in respect of which the law does not allow the allocation of a share;
• the technical plan was signed by a person without authority;
• the land plot was provided for other purposes, etc.

Reference! There are 60 reasons for refusal, listed in Article 26.

If a decision is made to suspend cadastral registration, Federal Law No. 221-FZ of July 24, 2007 “On Cadastral Activities” in Article 26.1 provides for the procedure for appealing this decision.

Within 30 days, an application for appeal must be submitted to the appeal commission at the address of the government agency that made such a decision. And within 30 days after accepting the complaint, the appeal commission must reasonably satisfy or deny it. Repeated filing of a complaint on the same grounds is not permitted.

There is a difference between refusing registration and returning the documents you provided without review. If the documents were simply returned, then it is necessary to find out the reason . It could be:

• lack of signature of the applicant;
• signature of an unauthorized person;
• an incorrectly drawn up application;
• and other technical reasons that can be eliminated and the documents resubmitted.

If a government agency decides to refuse to register the premises for cadastral registration, you will have to go to court. This must be done within 3 months from the date of receipt of the refusal notice.

How to assign a number to an object and find it out by address?

After the registration procedure, the premises are assigned a unique cadastral number and entered into the database. When issuing a certificate of ownership, this number is indicated in it with its indication in the cadastral passport and the site plan. If a building does not have such a number, then it is not registered and therefore no legal action can be taken with it.

The cadastral number can be found on the Rosreestr website. In the “Electronic services” section, select “Reference information on real estate objects online”. After clicking on the “Generate request” button, the service will provide the information you are interested in, including the cadastral number.

Information obtained in this way will not have legal force. Therefore, to carry out legal actions where a confirmed document is required, it is better to submit an official request. This can be done on the Rosreestr website. There you can find out the details for paying for the document, generate a payment order and pay. If you send a request by mail, please attach a paid receipt to it.

Before you begin registering non-residential properties and putting them on the cadastral register, you must carefully check all available documents. Find out about existing burdens and restrictions. Update the technical plan if necessary. Find out whether there are disputes in court regarding this premises, as well as the land located under the building. Clarify the category and purpose of the land and other nuances that may cause refusal of registration.

conclusions

• Cadastral registration is carried out for separate and isolated premises.
• Based on the results of registration, information about the premises will be entered into the Unified State Register of Real Estate and assigned a cadastral number.
• Part of the property can also be registered, but only for the rental period.

Get an estimate of the cost of this service using our price calculator - here

With the support of Smart Way specialists, you will not have any problems when registering real estate. You can learn more about the conditions of working with us during a free consultation.