Our cadastral engineers will prepare a Property Inspection Report to remove it from the cadastral register. An object inspection report drawn up by a cadastral engineer in relation to a real estate property is the basis for excluding information about it from the Unified State Register of Real Estate (USRN).
Description of service:
To remove an object from cadastral registration, a cadastral engineer, based on the information about the property contained in the Unified State Register, conducts an actual inspection of its current condition and draws up the results in the form of an Inspection Report.
When preparing the Survey Report, it includes information about the date of preparation, the name and address of the property, its technical condition, the purpose and methods of the survey and the results of the measures taken.
Cases when you will need the services of a Cadastral Engineer to prepare a Property Inspection Report to remove it from cadastral registration
- You will need a Property Inspection Certificate if it is necessary to exclude information about it from the Unified State Register of Real Estate (USRN) as a result of its loss or destruction as a result of demolition, fire, other natural or man-made disasters, etc.).
- You will need an Property Inspection Certificate in some cases when dividing or merging several real estate properties into one.
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Calculate the cost of the work and receive a commercial offer on our website. Discount if the contract is concluded no later than 10 days from the date of settlement.
Get advice from a cadastral engineer. Describe your situation and we will help solve your problem.
Stages of project implementation by our cadastral engineer
Stage 1
We advise the Customer and prepare a starting package of documents necessary for preparing a technical plan.
Stage 2
We agree and sign a contract for cadastral work
Stage 3
We inspect the property and record all necessary information about it upon inspection
Stage 4
We create a Property Inspection Report
Stage 5
We submit the Property Inspection Report for consideration to Rosreestr and seek their decision on state cadastral registration
Judicial order
The above shows how to remove a house from the cadastral register yourself. If the re-registration procedure cannot be completed according to the standard scheme, they turn to the courts. The course of action depends on the specific reasons. Such actions do not make sense when Rosreestr’s refusal was received due to errors in the prepared documents. As a rule, judicial withdrawal is used when dividing property during divorce proceedings, to resolve other controversial issues between owners.
Necessary documents and sample statement of claim
Standard list of documents:
- passport;
- statement of claim detailing the claim;
- purchase agreement or other proof of ownership;
- an extract from the Unified State Register of Real Estate with information about the actual status of the property;
- inspection reports, certificates, other necessary additions to the essence of the trial;
- cash receipt, other confirmation of payment of state duty.
Claim form.
Step-by-step instruction
At the first stage, they consult with an experienced lawyer about the withdrawal procedure in order to eliminate incorrect and useless actions. For example, you can seek an initial consultation with a specialist on our portal.
Next, a simple algorithm is used:
- collect basic and supporting documents;
- draw up a statement of claim and submit it to the court at the location of the defendant;
- after receiving a response from the office, attend meetings;
- receive a decision in writing.
With a decision on withdrawal, you must contact Rosreestr through the MFC.
Deadlines and state fees
A court hearing is scheduled no later than 30 days from the date of registration of the application in the court office. If there are no special difficulties, the process time does not exceed 3-4 months. A negative decision can be appealed to the courts of the highest category. After receiving it in hand, the appeal must be filed no later than 30 days later.
The state fee for cases of deregistration is 300 rubles.
Result
If the result is a positive decision, it, together with a new application and accompanying documents according to the standard list, is transferred to Rosreestr. Changes in the database are made in no more than 5 working days plus the time for transferring documents on withdrawal from Rosreestr to the MFC. If refused, appeal to higher courts.
Result of work
Results of cadastral work to prepare an inspection report for the property to remove it from cadastral registration
- A copy of the inspection report approved in accordance with the established procedure in accordance with the norms of the current legislation;
- An electronic file in XML format containing information about the prepared Survey Report;
- Extract from the Unified State Register of Real Estate.
Legislation regulating the provision of services
- Town Planning Code of the Russian Federation;
- 218-FZ;
- Order of the Ministry of Economic Development No. 861
Administration of Belovsky Village Council
| Removal of previously registered real estate from the state cadastral register |
In accordance with Article 70 of the Land Code of the Russian Federation, state cadastral registration of land plots is carried out in the manner established by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ), which entered into force on January 1 .2017.
According to Part 1 of Article 1 of Law No. 218-FZ, this law regulates relations arising in connection with the implementation on the territory of the Russian Federation of state registration of rights to real estate and transactions with it, subject in accordance with the legislation of the Russian Federation to state registration, state cadastral registration of real estate property, as well as maintaining the Unified State Register and providing the information provided for by Law No. 218-FZ contained in the Unified State Register.
The Unified State Register of Real Estate is a collection of reliable, systematized information about registered real estate, registered rights to such real estate, the grounds for their occurrence, rights holders, as well as other information established in accordance with this Law (Part 2 of Article 1 of Law No. 218-FZ).
State cadastral registration recognizes the entry into the Unified State Register of information about land plots and other real estate objects that confirm the existence of such a real estate object with characteristics that make it possible to define it as an individually defined thing, or confirm the termination of its existence, as well as other provisions provided for by Law No. 218-FZ information about real estate objects (Part 7 of Article 1 of Law No. 218-FZ).
By virtue of Part 1 of Article 14 of Law No. 218-FZ, state cadastral registration and (or) state registration of rights are carried out on the basis of an application, with the exception of cases established by this Law, and documents received by the rights registration authority in the manner prescribed by this Law.
Based on the provisions of Law No. 218-FZ, the following may be subject to deregistration from cadastral registration: land plots that are convertible (clause 33 of part 1 of article 26); land plots formed from lands or a land plot, state ownership of which is not demarcated, if the application for state cadastral registration was submitted without an application for registration of ownership rights (clauses 14, 15 of Article 41); previously registered land plots in the absence of information in the register about rights to such land plots (clause 3 of Article 70); land plots having the status of temporary real estate objects (part 7 of article 72).
Part 3 of Article 70 of Law No. 218-FZ stipulates that the rights registration authority, in accordance with the established rules for maintaining the Unified State Register of Real Estate, removes from the state cadastral registration a land plot registered in accordance with the legislation of the Russian Federation before 03/01/2008, if information about the right holders of such plots are not included in the Unified State Register of Real Estate. The presence of a disputed land plot in the state cadastral register and the presence of an expression of will of the local government body to exclude information about the disputed land plots from the state real estate cadastre is not in itself a basis for removing them from the state cadastral register.
For some time, there was an opinion that the absence in Law No. 218-FZ of a procedure for removing previously registered real estate from cadastral registration on the basis of an application from an interested party could be compensated by a court decision made on a claim for deregistration of a land plot from cadastral registration. However, this practice was recognized as vicious.
The inadmissibility of deregistration of a land plot in cases not provided for by current legislation is indicated in paragraph 21 of the Review of judicial practice in cases related to challenging the refusal to carry out cadastral registration, approved by the Presidium of the Supreme Court of the Russian Federation on November 30, 2016, according to which, if information about a land plot entered into the state real estate cadastre are not of a temporary nature, then such a land plot can be removed from the cadastral register only as a result of its transformation or in the case expressly provided for by law.
Thus, if there are no grounds established by law for removing previously registered land plots from cadastral registration, the court, in the absence of such, cannot make a decision on removing land plots from cadastral registration.
This position is confirmed by judicial practice (Resolution of the Arbitration Court of the North Caucasus District dated October 28, 2019 No. F08-9386/2019 in case A32-5353/2019, resolution of the Sixteenth Court of Appeal dated November 5, 2019 No. 16AP-4270/2019 in case No. A61- 1544/2019, resolution of the Fifteenth Arbitration Court of Appeal dated August 15, 2019 No. 15AP-5368/2019 in case No. A53-5368/2019).
Leading specialist expert
control (supervision) department
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and legal support for M.V. Ilyushchenko
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Administrative procedure
If there are no encumbrances or restrictive entries in the Unified State Register, you can perform the necessary actions yourself. Having prepared the necessary papers, contact Rosreestr. To post an application in a user-friendly remote mode, use the appropriate service on the official website of this organization.
For your information ! Remote verification via the Internet is performed using a digital encrypted signature. You can become its owner with the help of a specialized certification company.
Required documents and sample application
Standard list:
- civil passport, other identification document;
- a completed application in the prescribed form;
- real estate inspection report.
Additional documents:
- confirmation of ownership rights to property officially registered before January 1, 1998;
- act of the land management division of the municipality, if we are talking about the merger (division) of plots;
- a copy of the judicial act.
A representative can remove a property from cadastral registration. In this case, a power of attorney is issued to him from the owner with certification at a notary office.
Application form.
Step-by-step instruction
The following algorithm will help you perform the necessary actions without errors:
- The rented real estate is checked for compliance with legal grounds according to the rules discussed above.
- Collect supporting documents about the accident, natural disaster, and other circumstances.
- They conclude an agreement to draw up an inspection report and submit the accompanying documents to the cadastral engineer.
- After receiving an expert opinion, they apply to Rosreestr for removal.
- They receive an extract confirming changes in entries in the Unified State Register of Real Estate.
Timing and cost
It is difficult to establish an exact time period for the initial preparation of documentation. You have to take into account the work schedule of the municipal administration to obtain a certificate of planned demolition. The cost of individual services depends on the region. In Moscow, a cadastral engineer will prepare an inspection report in 5-10 days at a cost of 10-25 thousand rubles.
State duties are not provided for by the current procedure for deregistration. Withdrawal will take up to 14 days.
For your information ! To simplify things, you can combine the procedures for deregistration of a dismantled building with the state registration of a new building.
Result
At the final stage they receive an extract. This document confirms the removal of the object from cadastral registration. It is presented to the tax office at the place of residence as evidence of the absence of property. From the date of the new entry in the Unified State Register, the former owner is exempt from paying taxes on the relevant property. Similarly, the obligation to pay for garbage collection and other utilities is eliminated.
