When people buy a new living space, they are faced with the question of how to register the apartment in the cadastral register. When selling or renting out residential premises, registration with Rosreestr is also required. This point is relevant for new buildings. Citizens often clarify the deadlines for registering an apartment in the cadastral register and how the procedure goes. Federal Law 221 obliges the entire population to register their property.
What does obtaining a cadastral passport and registration give you?
Upon receipt of the cadastre, the homeowner acquires the right to freely dispose of his property. He can carry out various sales transactions and rent out space. The owner of the home can donate it or exchange it for more favorable conditions for him. In certain situations, it may be necessary to mortgage your apartments to a bank; this action is allowed only if you have a cadastral certificate for the apartment. After registering the home, the owner will be able to officially register ownership.
In our country, starting in 2015, a real estate tax was introduced, which should be calculated based on the cadastral value. To avoid tax debt, you should issue this document. If people purchase an apartment on the secondary market, then registration is mandatory; it is provided for by the law of the Russian Federation. The introduction of this procedure also affected apartment buildings.
A cadastral passport makes it possible to get a mortgage; without it, the bank will not approve the application.
If the plans include redevelopment of housing, then without this paper the procedure is impossible.
What happens if you don’t register your property for a long time?
If the property is not registered in the state cadastre, and is not included in the Rosreestr, no sanctions are provided for the owner. In this case, he will not be able to carry out the procedure for confirming ownership. It will be impossible to privatize housing.
New building concept
A new building is a constructed property that must be put into operation and officially registered. This concept can be found in the Federal Law of the Russian Federation No. 214 of December 30, 2004 “on participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”
After building a house, it must be registered with the cadastral register. Once the property rights are registered, its owner can do whatever he wants with it. For example, he can sell the living space or rent it out. Before registration, it is necessary to put the facility into operation, as well as confirm the fact that the building complies with all rules, requirements, and safety standards.
All technical documentation must be prepared by a cadastral engineer. If you would like to learn more about this procedure, please contact our company by phone. With us you will receive advice from experienced specialists.
How to obtain a cadastral passport: procedure, necessary documents
A cadastral passport is an extract from the State Real Estate Cadastre, it contains all the information about housing. The information required for state registration is indicated. Without the characteristics of the living space, various transactions cannot be carried out.
Obtaining such an extract is a fairly easy procedure, but it takes a lot of time. For example, the privatization process takes much more time than this action. A certain step-by-step order must be followed. The process of collecting the necessary papers and visiting government institutions is especially lengthy.
Each property is located in a specific cadastral district. Until 2013, issues of issuing documents were dealt with by the BTI. Then the Cadastral Chamber of Rosreestr appeared, which began to deal with registration. Passports began to be issued to engineers who had completed courses and certification.
A citizen needs to come to the Cadastral Chamber of Rosreestr (currently EGRN). Previously, the certificate was issued at Multifunctional Centers. You can independently go through the registration procedure on the Rosreestr website and order the required document. The passport is made based on information about the object, taking into account all changes at the time of the technical examination. If a housing inspection is not carried out, then a cadastral certificate is issued based on the data of the previous inspection. In such a situation, you can make a mistake if there have been changes in the layout. Data from the house design is taken as a basis. If the residents did not move the walls, then the data will be current.
What information can be reflected in the cadastral passport
The cadastral passport, or its updated version - an extract from the Unified State Register of Real Estate, is considered in our country to be a single information document for all real estate. The legislation of the Russian Federation stipulates that each residential and non-residential premises must have its own cadastral number, which is contained in a paper unique for each premises. It presents four types of information. Technical characteristics are collected into a common information base.
- The first block consists of eleven subparagraphs. They reflect comprehensive information about housing:
- postal address of the apartment;
- what type of real estate it is (an apartment is a residential premises);
- type of property (room or whole apartment);
- housing area;
- floor, if the property is located in a multi-storey building;
- how many floors are there in the house?
- cadastral number, it is unique for each home;
- a certain cadastral value of the apartments;
- date of technical inspection of the premises;
- graphic drawing.
Some extracts even indicate the material from which the walls and ceilings are made. It is indicated what type of heating the residents use.
- The second block examines which document was taken as the basis for registration, as well as other legal characteristics. All types of legal acts are indicated. Restrictions are prescribed for houses and apartments. Each of them is discussed in detail. There is a part of the section that is closed to others. It contains information about the citizen’s legal capacity, as well as an agreement on the transfer of property.
- The third block contains the technical plan of the housing.
The passport is confirmation of the existence of the property. The proof will be the assignment of a unique number, which is entered into the updated USRN database.
Registration methods
There are two ways to register a residential property. The first way is to personally come to the MFC or the Cadastral Chamber to carry out registration. The second method is accounting using the Rosreestr website.
- Come to the multifunctional center. Write an application, a sample can be obtained from the organization’s employees. The MFC employee should give a package of documents that are needed for the accounting procedure. The data will be entered into the general registry database.
You must pay the state fee and attach the receipt to the general package, which you hand over to the center employee. The authorized employee must indicate after what time it will be possible to pick up the registration certificate. You must receive a cadastral certificate at the specified time. Usually the procedure takes no more than five working days.
- For those who confidently use the Internet, it will be more convenient to open the Rosreestr online website and register on it. After successful registration, you need to find the “registration of cadastre” section in the menu and select which property you want to register. The next step is to fill in the fields for information about the apartment. You also need to choose which document you want to see in the end. Some prefer a paper version of the certificate, while others find it more convenient to use an electronic copy for their work. On the website you can choose how to receive the original. You can come yourself or request that the original be sent by Russian Post. The site will ask you to enter the details of the person who needs a cadastral passport. The online service is also convenient because you can pay the state fee without leaving your computer using a bank card.
Additional nuances
Owners should also keep in mind a number of significant nuances. It is possible to obtain a cadastral passport for a residential premises only after the apartment is entered into the register. And without a cadastral passport, you cannot register for a living space, or join a housing association of owners.
Without a cadastral passport, taxes will not be calculated. But the taxes themselves will not go away; there is no statute of limitations for them. All the same, someday they will be calculated and accrued, but only in a significantly larger amount (with penalties and fines).
In addition, if any litigation occurs, the owner will have nothing to prove his rights to the property in court. And this can lead to fatal consequences for him. Let's say this situation: a citizen purchased housing in a house under construction, and then the developer went bankrupt. How to prove your rights and defend your interests? Only with a cadastral passport in hand.
By the way, in order to register an apartment in a new building or a house under construction, the potential owner will have to collect additional documents:
- DDS (special shared construction agreement);
- acceptance certificate (if there is one, of course);
- act of initial measurement of the house from the developer;
- bank loan agreement (this is for those who took out a mortgage).
You will also need to pay the fee and attach a receipt to the package with a note about the payment made.
Production time and cost
The production time after submitting the entire list of papers will be five days. There are exceptions, but they are reported by employees of the Cadastral Chamber.
If you need to complete the registration as quickly as possible, then there are special companies that can speed up the process. For a certain percentage, they will issue you a passport for your living space in one working day. Usually such companies charge 1000–2000 rubles.
According to the law of the Russian Federation, extracts from the Unified State Register are free services. If assistance in preparation is required, it will already be paid. You also need to pay a state fee, its amount ranges from 200–500 rubles for individuals. If it is necessary to produce a technical certificate for an apartment, the cost of the service will be 10,000 rubles. When private firms deal with this issue, they can request 5,000–7,000 rubles.
Registration deadlines
A certain period is allocated for registering an object. The time frame depends on whether the necessary documents are available. If all documentation is prepared, registration will take from five to ten days. However, if technical documentation is not prepared, the entire process can take up to three months.
Remember that if an apartment building is not registered, you will not be able to register a separate apartment in it. It simply will not exist legally. Therefore, it may also take some time to register an apartment building.
Refusal of registration
Authorized bodies may refuse to issue cadastral paper. There may be several reasons for this decision:
- The package of documents is incomplete. The required paper may be missing. In this case, you can once again review your archives, find the required sheet and bring it to the Unified State Register of Real Estate.
- An error was found during registration. A citizen may have incorrectly provided his/her personal data or information about living space. In this case, the authorities give the right to correct the mistake and bring correct data.
- Deliberate concealment of information. If there have been changes in the layout that are not displayed anywhere. Actions are subject to punishment if an architect was not called during the repair work. Violations in wall panels are possible, although citizens should be aware that load-bearing walls should not be touched during redevelopment. Such cases are resolved through the courts.
Possible reasons for failure and ways to solve problems
There are situations when authorities refuse to accept documents and carry out registration actions. This will happen in the following cases:
- If not all required documents are submitted.
- If there is an error in the application.
- If the original and the copy of the document contain different information.
- If the state registrar has reason to doubt that the papers are genuine.
In order for the registration procedure to continue, you must correct all violations. You may have to order new or missing documents from the company. Once the errors are corrected, you will be able to resubmit your registration documents.
Underwater rocks
Extracts from the Unified State Register are considered unlimited. This issue has its pitfalls. All data is considered reliable at the time of receipt of the extract. After the five-year period, it is worth conducting an inventory of residential buildings. It is worth checking the data; perhaps there will be disagreements with the redevelopment statement. It turns out that the technical plan contains an outdated version. If the changes are not recorded anywhere, the owner of the apartment will need to pay a fine. To avoid penalties, you need to report all changes in advance to the authorities supervising residential properties. Calling an architect to obtain permission to remodel your home will help you avoid violating regulations.
When submitting an application, an MFC employee must write you a receipt indicating the date when to pick up the completed certificate. If the date is not specified, then you should point out to the employee his mistake; the time you will spend on this procedure depends on this.
https://youtube.com/watch?v=cfEyvIojV1A
