The technical plan of a building is a document that contains primary information about the object, which must be entered into the Unified State Register of Real Estate (USRN). The most important information includes the number and area of internal premises, the location and arrangement of the building in relation to surrounding objects, etc. The rules for the design and composition of the technical plan of the building are determined at the legislative level, and they must be followed in order for the finished document to have legal force.
Why is a technical plan needed?
The presence of a technical plan of the building is a legal requirement for capital construction projects, for which cadastral registration is mandatory. It consists of entering data about the building into Rosreestr, which confirms the existence of the property, rights to it and a list of technical characteristics.
Creating a technical plan for a building has several tasks:
- to receive a cadastral passport (today this is an extract from the Unified State Register of Real Estate) and register the constructed object with cadastral registration;
- register ownership rights to an object entered in the cadastral register;
- complete a real estate transaction (purchase, sale, exchange, donation, inheritance);
- conduct an inventory of the facility;
- subsequently register changes to the object (redevelopment, extension, refurbishment);
- deregister the object by decision of the authorized bodies due to destruction or planned demolition.
Thus, the preparation of a technical plan of a building is necessary in many cases, and not only during the initial registration of real estate. The document will be needed if you need to transfer the premises from residential to non-residential and back, insure, conclude a mortgage loan agreement, register ownership of an unfinished construction project, tie the property to a land plot if it is divided between the owners.
Technical plan: basic concepts and design features
Conclusion
1. Why do you need a technical plan?
Let's start with the fact that everything related to real estate: purchasing an apartment, building a house or reconstructing an existing structure is clearly related to the further registration of your right to this object. Questions often arise about what is needed to register the right?
First of all, it is necessary that your property be registered with the state cadastral register, that is, information about it must be entered into the unified state real estate register (hereinafter referred to as the EGRN). Any property must be included in the Unified State Register of Real Estate.
In order to enter such information into the Unified State Register or make changes to existing information, it is necessary to provide documents, including a technical plan, to Rosreestr.
In accordance with Law No. 221-FZ, a technical plan is a document that reproduces certain information entered into the Unified State Register of Real Estate, and indicates information about a capital construction project necessary for registering such a building or structure, information about a part or parts, or new (modified) necessary for entering into the Unified State Register of Information about such an object to which a cadastral number has been assigned.
So, why is a technical plan necessary?
1. Submitting an application for registration of a capital construction project (hereinafter - OKS) for state cadastral registration; 2. Making changes after changing the main characteristics - reconstruction, redevelopment and other actions; 3. Entering into the Unified State Register of Information about a part or parts of a building or premises that are already contained in the Unified State Register; 4. Registration of any transactions with OKS (purchase and sale, donation, exchange or division).
In simple terms, this is a document without which it is not possible to carry out cadastral registration and registration of rights to OKS. Even if we are talking about a guest house, a garden house on your site, or an ordinary garage.
A technical plan is needed if, during the renovation, you remodeled a room or apartment. At the same time, we note that the scale of the changes is completely unimportant, since sometimes even moving one wall changes the ratio of residential and non-residential space. This must be reflected in the technical plan by the cadastral engineer. A technical plan is also required when putting a new facility into operation and removing it from cadastral registration (if the facility was destroyed or demolished).
2. Types of cadastral work for the preparation of a technical plan. Types of technical plans.
The types of technical plans are determined depending on what kind of object is being worked on, and the type of plan is prepared by the cadastral engineer:
• technical plan of the building; • technical plan of the structure; • technical plan of the unfinished construction site; • technical plan of the premises.
What is included in the process of preparing a technical plan?
1. Collection, study and analysis of source documents; 2. Carrying out geodetic survey of a building or structure, measurement; 3. Processing of data that was obtained as a result of measuring a capital construction project; 4. Preparation of the technical plan itself by a cadastral engineer.
And the last stage is the transfer to the customer of the work in an electronic version of the technical plan (in XML format) for further implementation of state cadastral registration and registration of property rights, if necessary, with a regulatory government agency.
Let us note that the technical plan can be prepared in relation to: premises (including those that are a collection of several isolated (separate) and adjacent premises, which, among other things, can be located on several floors of a building or structure, one above the other and must have access to each other without the use of common areas in such a building or structure), and such premises must, in accordance with the Law, be isolated and separate from other premises in the building or structure.
To prepare a technical plan of the premises you will need:
for an apartment - a technical passport issued by the BTI before January 1, 2014, permission to commission the building; for an apartment in a new building - permission to commission the building, permission to commission the building; for an apartment after redevelopment - a technical passport issued by the BTI before January 1, 2014, a redevelopment project, a permit for redevelopment and a transfer acceptance certificate, a building commissioning certificate; technical plan of a structure is a plan of an engineering structure, that is, a road, power line, gas or water pipeline, dam, railway and other objects;
technical plan for an unfinished construction project - any buildings and objects whose construction has not been completed is required even if the property is still at the foundation pit stage.
What does the technical plan consist of? It includes information about the object and consists of two parts: a graphic plan and a text description. The graphic part is a floor plan, it shows the location of the object, including the number of floors and floor plans, the contours of the room and area, the text part is information about the characteristics and features, as well as data from the customer and the cadastral engineer who carried out the measurements and prepared the document.
Let’s say right away that many people who have never encountered the design of invisibility confuse such concepts as a technical plan and a technical passport, others think that they are one and the same thing.
Unlike the technical plan, the technical passport does not contain information about the territorial reference of the property. a registration certificate is required when selling real estate, but it is not enough to register the property with the state.
3. Requirements for the preparation of a technical plan.
Questions about what a cadastral engineer needs to prepare a technical plan are very popular. Let's tell you in more detail.
To begin with, we note that the requirements for the preparation of a technical plan were approved by Order No. 953 of December 18, 2015.
To prepare a technical plan for a building or structure, the following is required:
• an extract from the Unified State Register of Real Estate for the land plot on which the required facility is located; • design documentation and construction permits, or permission to put a building or structure into operation, or a technical passport for a building issued by BTI before January 1, 2013; • declaration of real estate (in the absence of documents); • notifications about the planned construction or reconstruction of an individual and garden house, building, as well as notifications about compliance with the requirements of urban planning regulations; • a document on assigning an address to a property (an act of a state authority or local government); • information about the customer of the work (full name, address of permanent residence, details of an identity document, SNILS).
The exact list of required documents depends on the property and may vary.
Note that the technical plan is prepared on the basis of geodetic surveys, after specialists have taken measurements of heights and angles. Such a document is drawn up after the building is put into operation.
Technical documents for apartments are produced individually in each case. If the housing is located in a new multi-storey building, the owner must have an agreement with the development company or another document confirming ownership. The technical plan is drawn up after the entire house is registered with the state cadastral register in the Unified State Register of Real Estate. If you are remodeling an existing apartment, you will need a floor plan of the house, with a note about the position of the apartment and full information about the changes made. You may need to order new measurements.
After receiving the initial information and analyzing it, specialists from a surveying company or individual surveyors will conduct a geodetic survey, if necessary.
Features of the design of the technical plan of a linear facility and structures.
The issue of registering ownership rights to linear objects is very relevant in the modern world. These include communication lines, pipelines, roads, railways and others.
Let us note that it is worth considering, when registering linear objects, that such structures can sometimes have an enormous length and are located on the territory of several cadastral plots and municipalities. For each such created linear object, a separate document must be drawn up. In this case, the object is conditionally divided into separate parts (for registration in different cadastral districts). But in the “Conclusion” section of the technical plan, it will be necessary to indicate the number of parts of the linear object.
Just like any technical plan for a structure, a technical plan for a linear facility, according to legal regulations, consists of two parts: graphic and text. The document must be certified by the electronic signature of a qualified specialist, cadastral engineer. At the customer’s request, the construction technical plan can be additionally produced in the form of a graphic document and is also certified by the seal and signature of the cadastral officer.
4. How to get a technical plan for a property?
To begin with, let’s say that only a certified cadastral engineer has the right to prepare a technical plan. We wrote earlier about how to choose a specialist, answering a question from a reader of our website, in the “Question - Answer” section.
Therefore, the owner of the property, having collected all the necessary documents, must contact the owner of the property should contact a survey company or an individual cadastral engineer and conclude an agreement with him for the preparation of a technical plan.
But we consider it necessary to say that first it is advisable to check whether the engineer you have chosen really has the right to prepare such documents on the official website of Rosreestr and enter the name of the specialist into the search. You will see all the information that concerns the selected cadastral engineer.
Specialists will check the documents you provide for the capital construction project and, if necessary, receive additional documents from the relevant authorities.
After all the documents have been prepared by specialists, they will be sent to you in paper and electronic form. The technical plan must be certified by the personal seal of the cadastral engineer with his individual number - without it the document is invalid.
5. Samples of types of technical plans.
Samples of technical plans, as well as documents necessary for the preparation of such a technical plan, for example, a construction permit, an acceptance certificate for a completed construction project by the acceptance committee, design documentation of a real estate property, are published in the “Samples” section. Technical inventory".
Conclusion
Let us note once again that any capital construction project, any real estate object must be registered with the state cadastral register. And for this you need a technical plan.
The technical plan has no statute of limitations. If such a document is prepared in accordance with the law, then it will remain relevant as long as the information contained in it is true. Changes are considered not only restructuring and reconstruction, but also the demolition of individual buildings, connection of communications, construction of new facilities and changes in the purpose of premises.
For which objects are technical plans being developed?
The technical plan is developed not only for the entire building, but also for its individual parts, for example, if not the entire facility is put into operation. If they are registered simultaneously, then the technical plan is drawn up in the form of a single document; if separately, it must be ordered additionally. First of all, a technical plan is created for buildings - ground-based structures intended for people to work and live. This includes residential buildings, administrative and industrial buildings.
In addition to buildings, technical plans can be developed for other objects:
- Structures are engineering and construction objects that perform exclusively technical functions. They can have both aboveground and underground parts. Examples include bridges, storage tanks, and railway tunnels.
- Separate premises within buildings: apartments, residential and non-residential premises, including offices, warehouses, basements, etc.
- Parking spaces intended exclusively for the placement of vehicles.
How to make a technical plan
To create a technical plan, you need a technical passport and design documentation developed by a licensed contractor. Copies of these documents must be certified by the seal and signature of the cadastral engineer and attached to the main plan. When issuing an electronic version, a digital signature and seal are used.
In general, preparation depends on the type of object: for buildings, structures, premises for various purposes and unfinished objects, different forms of technical building plans are used. But in any case, the document will consist of two parts:
- Text. Contains initial data about the object: dimensions, calculations, location on the territory and other information collected by the cadastral engineer. The text part should contain information about the customer, measurements and calculations, indicating the methods, means and measurement accuracy used. A description of the location of the object on the ground with topographic reference is also given here.
- Graphic. It is a drawing containing a detailed diagram showing the position of an object. If the building consists of several floors, then a floor plan is added to the graphic part. In the design of drawings, the points along which the boundaries of the territory are drawn are especially important. They must be as accurate as possible, since building cadastral relations with the owners of neighboring plots depends on this.
Other important requirements for the technical plan of the building:
- The printed version of the document is issued in two copies, which must be bound. One is transferred to the customer, the other to the cadastral registration authorities.
- The paper version of the document can be drawn up on a computer or filled out manually using ink, ink, and blue paste.
- The text part of the technical plan is placed on A4 sheets, the graphic part is placed on larger sheets (A3, A2, etc.).
- Real buildings are shown on drawings at a scale, usually 1:100. Before designing the graphic part, it is important to check the dimensions of the building and any adjustments made to them.
Legislative acts regulating the procedure for drawing up a technical plan
The main regulatory document for the competent preparation of TP is Federal Law No. 218 of July 13, 2015, which was amended on July 3, 2021 (Federal Law No. 361) and August 2, 2021 (Federal Law No. 267). Its full title: “On state registration of real estate.”
Specific requirements for the technical plan are set out in Article 24. The specification of the form of the technical plan, requirements for its preparation, and content are set out in Order of the Ministry of Economic Development of the Russian Federation No. 953 dated December 18, 2015. The latest changes and additions with editing of some articles were made on September 25. 2021.
To legally draw up a technical plan for an object of any purpose with minimal costs of material and time resources, you need to contact in Moscow.
