How to remove a house from the cadastral register if it has been demolished or burned down.
- How to remove a property (house, cottage, barn, bathhouse) from cadastral registration?
- Who can remove a house from the cadastral register if it has been demolished?
- Who can remove a house from the cadastral register if it burns down?
- Who can deregister a house if there is no owner or several owners?
- What documents are needed to remove a house that has been demolished or burned down from the cadastral register?
- What could be the reasons for refusal?
- Nuances in which GA Geodetic Engineers can help you
Where to submit documents
Documents, like the application, must be submitted through the MFC. After you submit the documents, you will be given a receipt. In addition, you will be informed of a date when you can come back for an answer. As for the application, it must be completed on a standard form. Be sure to include all the necessary information, otherwise your application may not be accepted.
The procedure for removing a land plot from cadastral registration is absolutely free. In this case, you do not pay state duty. However, you will still have to spend some money. In order to deregister a land plot, it will be necessary to carry out cadastral work. A cadastral engineer does not work for free. You will need to pay for land surveying or for the act of destroying the site.
How to remove a property (house, cottage, barn, bathhouse) from cadastral registration?
Buildings cease to exist for various reasons: their characteristics change, extensions are made, floors are added.
When the characteristics of a building change or are lost, it is removed from the cadastre. Issues of registration and deregistration of real estate are regulated by Federal Law No. 218. For example, there was an old garage on the site. The new owner decided to demolish it and build a house on the old site. According to the law, in order to obtain permission to build a new building, the owner must deregister the previous building - in this case, a garage.
In accepted practice, dilapidated, unsafe buildings or their elements are removed from the balance sheet or cadastre before demolition or dismantling. First, property owners contact the cadastral authorities at the local Rosreestr or the office of a multifunctional center. The required list looks like this:
- Application in a standard form, based on the model from the Rosreestr website or at counters at cadastre institutions.
- Passport
- Ownership documents
- Mandatory inspection report of the building confirming that it has ceased to exist
You can first contact a geodetic company to draw up an act, and specialists will tell you how to fill out the application correctly.
Documents are submitted in person to the MFC and entrusted to a person with a power of attorney from a notary.
If necessary, we take care of sending documents.
The procedure for deregistration of a garage, house, or bathhouse is carried out free of charge; there is no need to pay a state fee.
The average processing time for a case is 2 weeks. If the decision is positive, the owner receives a notice of deregistration. At the same time, the right to own the specified object is terminated. The information is stored in an archive, the cadastral number is destroyed and is not repeated in other objects.
When you need to register another object, they collect a package of documents for registration, go through a new procedure and receive a new number in the database. There are no objects with the same numbers in the cadastre. The new house will not be registered as long as the old property exists in the database. Sometimes it is believed that it is not necessary to deregister a building, but it is important to know the following. Information about the termination of real estate registration is automatically sent to the tax office. If the object is not deregistered, the owner must pay tax on it.
An example from life. The owner bought a piece of land with an old barn. In order not to waste time on renting and obtaining documents, he demolished the building and began to build a new house. The fact became known to the prosecutor's office, and the owner was fined after an inspection.
The law provides for termination of accounting at the request of the owner, a person with a power of attorney from the owner, authorities, and on the basis of a court decision.
Reasons
The legislation of the Russian Federation provides that the basis for an unregistered object may be the following factors.
For home
Earth:
- Demolition of the object. We are talking about the destruction of a building due to the decision of the owner or in an event of force majeure (hurricane, flood, tornado or other natural disaster).
- Transmission through the owner of false documents or deliberately false information about the structure.
- Carrying out finishing work (not to be confused with reconstruction). This position includes activities that are associated with increasing the subject of the object, as well as changing the parameters of the building stored in the cadastral passport.
- Consolidation of several buildings into one. For example, the owner combines several buildings under one roof, provides a common foundation, or builds a complete complex.
- Replace the authorized authority with invalid or falsified documents.
- Recognition of the cadastine number, which is not valid until the end of the work.
- The general building is divided into several separate objects. In this situation, the property is removed from the records and each new building is recorded separately.
For apartment
For garage, additional objects, unfinished building
- Demolition of buildings for personal wishes.
- Destruction of structures as a result of natural disasters.
Destroyed or burnt house
Earth:
- Management files by a special committee (charged by the cadastral authorities).
This document shows that the building was destroyed by a natural disaster such as fire.
Who can remove a house from the cadastral register if it has been demolished?
Rosreestr authorities officially remove a building from the cadastre if it has been demolished. The package of papers must include an inspection report. It is compiled by a licensed cadastral specialist who visits the area. The document proves that the house has ceased to exist in fact and must be excluded from the cadastre.
If the house has been demolished, they collect a package of documents, submit them to the cadastre office, and then receive an extract about the cessation of the existence of the object. These are the main steps of the procedure.
The service is provided by specialists from the City Association of Geodetic Engineers. We prepare the act electronically in the prescribed form, and if necessary, provide a paper version.
In our company, such a service costs from 8,000 rubles and includes
- provision of an extract from the Unified State Register of Real Estate,
- obtaining information that confirms the demolition of the object
- drawing up an inspection report.
We know what requirements the Rosreestr authorities impose on papers, and we work within the framework of the law. Proper preparation of the necessary information speeds up the procedure. At the request of the client, we completely undertake the collection and submission of documentation and represent his interests in the authorities.
In our practice, we have encountered situations where collecting documents was complicated by the statute of limitations, so we know what steps to take in difficult situations.
Documents confirming the demolition of the object include:
- The owner’s decision to voluntarily dismantle permanent structures
- The decision of local authorities to recognize the house as unsafe
- A certificate or decision from regional authorities about the destruction of a building during a natural disaster or for reasons beyond the control of the owner.
There is no fee for deregistration in the cadastre; the procedure is carried out free of charge. The act is ordered in advance, for example, from our specialists through a form on the website or by phone.
We enter into a contract agreement, which is accompanied by an estimate signed by the customer and a task for performing the work. Our specialist goes to the area and performs the necessary actions. As a result, the owner receives a document certified by the signature of a cadastral engineer.
Who can remove a house from the cadastral register if it burns down?
If the house burns down, then only Rosreestr can do this at the request of the owner. Title papers, certificates, deeds, certificates, papers from firefighters, and representation from the police will be required. However, these papers are not enough to terminate registration. It is necessary to confirm with an inspection report that the house has actually ceased to exist. Only a licensed cadastral specialist from the Rosreestr list has the right to do this by law.
The City Association of Geodetic Engineers has this right. We prepare a conclusion, draw up a report, and the property owner attaches it to the documents in the MFC, Rosreestr.
If you do not have time to collect the necessary documents from the authorities, we will do it for you.
How to remove a house from the cadastral register if it burned down several years ago? Get a certificate from the fire department, as it refers to documents confirming that the cause of the disappearance of the house was a fire and not other factors.
Deadline for deregistration
In general, registration will take 21 days. Only working days are taken into account. This is clearly stated in the legislation. However, if you submit documents through the MFC, this period will increase. This is due to the fact that the MFC forwards documents to Rosreestr. The countdown will begin from the moment the documents fall into the right hands. This procedure usually takes several days. The date will also be assigned to you at the MFC; it will be indicated in the receipt for receipt of documents.
If you deregister a site due to its reorganization, then during deregistration you can immediately carry out the procedure for registering new sites. Each plot will have its own individual cadastral number, and it will be necessary to register ownership of it. All these procedures can be carried out simultaneously, you just need to submit documents for each of the procedures.
Who can deregister a house if there is no owner or several owners?
If the house is owned by several owners, they can submit documents at the same time or issue a power of attorney from a notary for one owner so that he completes all the necessary actions and submits an application on behalf of all owners to terminate the registration.
What to do if there is no owner of the building? Employees of government agencies may make a request.
Example. The owner of an apartment in a dilapidated multi-storey building wants to deregister it. However, according to the law, it will be removed from the database automatically when the cadastre for the house ceases completely.
In the absence of owners or in difficult situations with an apartment building, termination of registration is carried out by court decision.
What documents are needed to remove a house that has been demolished or burned down from the cadastral register?
The “Inspection Report” is considered legal confirmation of the fact. This basis for terminating the registration of a burnt or destroyed building is drawn up by its licensed cadastral specialist. He inspects, records and describes the damage to confirm that the house has ceased to exist. The act proves that the building is not suitable for habitation, further use, or reconstruction.
A certificate of house destruction is issued by executive authorities.
What could be the reasons for refusal?
The main reasons for refusal to terminate registration in the cadastre are the following.
- An incorrectly written application or papers with inaccuracies.
- The application was not submitted by the owner or by a person without a power of attorney from a notary
- The property is not in the USRN database
- Lack of documents
- The period for which the consideration of the application was suspended has expired.
The reason for the refusal must be stated in the text of the notification. When inconsistencies and inaccuracies are identified in the package of papers, the cadastral authority suspends cadastral registration for up to 3 months. The owner receives a written response to this effect. In the allotted time, it is necessary to eliminate inaccuracies and resubmit the package with corrected documents. After repeated refusal, the owner has the right to go to court. Sometimes the procedure takes years and requires the help of knowledgeable specialists. We help clients go through all the authorities, collect and get a positive decision.
Nuances in which GA Geodetic Engineers can help you
Drawing up a building inspection report is included in the list of services of our specialists.
According to the law, documentation to prove the fact is drawn up by a licensed specialist. The list of authorized persons, including those from the “City Association of Geodetic Engineers” and detailed information on each of them can be found on the Rosreestr website.
First, we request an extract from the Unified State Register for the object, and from it we enter information about the object. Then we go to the area and describe the cause of destruction: demolition, fire, and confirm that the house has ceased to exist. We clarify whether there are disputes regarding this building.
Difficulties arise when minor children are registered in the house. In this case, the consent of the guardianship authorities is required.
Sometimes it is possible to deregister the previous object and register the one under construction. For guardianship purposes, it is indicated that in the new building the children will be allocated shares equal to the shares in the demolished house. There is another option when children are registered with relatives.
We know from experience what difficulties our customers face and offer the most suitable solution. We draw up documents in compliance with legal requirements in order to avoid or reduce the waiting time for a decision.
We offer full support from the preparation of the survey report to the submission and subsequent receipt of documents. We represent the interests of the customer in all instances.
