Cadastral registration and cadastral number
If information about an object is entered into the cadastre, the state confirms the existence of ownership rights to it. The location and technical parameters of the apartment are taken into account. Without changing information about ownership, it will not be possible to complete a single real estate transaction, and its registration is carried out on the basis of any title document.
The cadastral number is a unique identifier assigned to a specific property. It does not change and is valid in all databases - Rosreestr, tax service. It includes the cadastral number of the house and the inventory number of a specific apartment. It is always contained in the USRN extract, but previously, before the changes in 2021, after registration, this number was registered in the cadastral passport.
What do these two concepts mean?
According to Art. 14 Federal Law No. 218 dated July 13, 2015 “On state registration of real estate”, cadastral registration of apartments is carried out on the basis of the submitted documents and the application of the owners.
This is a procedure carried out by the territorial departments of Rosreestr to register, terminate or change information on real estate. The entered information is reflected in the state register. They give legal rights to the owner and allow them to carry out any legal transactions. It contains information about the cadastral number (read: why do you need a cadastral number for an apartment), by which you can find out information in the database, see the main characteristics of the apartment and find out the information available at the tax service.
Cadastral registration is carried out in the following cases:
- registration and registration of property for an apartment on the secondary market, if registration has not been carried out previously;
- registration of ownership of a new building;
- to fulfill the bank's requirements in case of obtaining a mortgage loan;
- at the buyer’s request to confirm the legal purity of the transaction;
- in case of a legal dispute.
It is necessary to include apartments in new buildings, bequeathed and donated real estate in the Real Estate Cadastre. It is also necessary to include real estate that has been owned for a long time without registering the property.
How to determine whether an apartment is registered in the cadastral register
There are several ways to check whether an apartment is registered:
- submit an official request to Rosreestr;
- send an application through the MFC;
- request information through the Rosreestr website.
Information can be requested by any person interested in receiving information. It is impossible to request information by last name, first name and patronymic of the owner. Information can be requested for an apartment whose address or cadastral number is known. This is important for buyers who can check the legal purity and ownership of the seller.
You can find out the basic information yourself by using the online help on the Rosreestr website. Here you can enter the cadastral number or address of the property.
List of useful documents
Documents for download:
No. | Links | Description |
1 | Sample technical specifications for construction, reconstruction | |
2 | Sample application for a permit to construct a new building | |
3 | Sample technical plan for registering a building | |
4 | Sample application for cadastral registration | |
5 | Sample USRN extract | |
6 | Sample application for a commissioning permit | |
7 | Sample application for project examination | |
8 | Recommendations for preparing design documentation for examination |
Step-by-step instruction
To register an object, regardless of type, with cadastral registration, it is important to follow a simple sequence of actions. Independent actions do not cause difficulties, because only the necessary minimum of documents is required. Step-by-step algorithm:
Stage 1. The apartment owner must prepare documents. The main one is a document of title, which is a privatization act, a gift or sale agreement, or a certificate of inheritance. Art. 18 Federal Law No. 218 defines the exact list of possible documents.
Stage 2. The new object can be simultaneously registered and the ownership of it can be registered. Additionally, you will have to pay a state fee for registering property, which according to paragraphs. 22 art. 333.33 of the Tax Code of the Russian Federation is 2000 rubles for individuals.
Stage 3. Prepared documents can be submitted using one of the following methods:
- personally;
- through a representative who has a notarized power of attorney;
- through payment for field service of a Rosreestr employee;
- by contacting the MFC;
- through the State Services portal.
Stage 4. The registrar will check the documents and then register the object. The relevant information appears in the state register.
Stage 5. When the registration steps are completed, a notification is sent. After this, you can apply for an extract from the register.
Package of documents
The owner of the apartment must submit documents according to the list:
- passport;
- application of the established form;
- title document for the apartment;
- technical passport and plan from BTI;
- receipt of payment of state duty.
According to Articles 25.3 and 333.17 of the Tax Code of the Russian Federation, a state duty is established. Not only a private person, but also a legal entity can act as a payer. The receipt must be paid before contacting a specialist, because without it the application will not be accepted. The state duty is 200 rubles for citizens and 600 rubles for organizations.
Application methods
Any citizen can choose a convenient way to apply for cadastral registration:
- In the Rosreestr department. Here, documents are submitted directly, since it is in this institution that the apartment will be registered. A minimum processing time is established.
- MFC. The procedure is no different, but it takes 2–3 days to send the documentation to Rosreestr.
- Send via Russian Post. Shipping significantly increases the registration period. You will have to send not the documents themselves, but copies certified through a notary. The notary must also certify the applicant's signature.
- Through the portal of Rosreestr or State Services. Scans of documents are uploaded and the application form is filled out. At the final stage, personal presence at Rosreestr is required with the provision of original documents.
- Field service is provided for a fee. As a rule, it is necessary for citizens with limited mobility.
You can also order an extract when submitting documents for registration of property rights and cadastral registration, simply by attaching an application and a paid receipt.
Read more about how the registration of ownership of an apartment occurs.
Deadlines
According to Federal Law No. 218, uniform deadlines are established for consideration of applications, regardless of the method of submission and the number of owners. In Part 1 of Art. 16 specifies a period of 5 days for entering information about the property to start cadastral registration of it. If documents are submitted through the MFC, the period increases to 7 days, since it takes time to deliver them to Rosreestr.
If the application is submitted simultaneously for registration of property rights and cadastral registration, the deadlines increase to 12 and 10 working days, respectively. In case of a court decision, the registration period does not exceed 5 days.
Features for new buildings
If the apartment is located in a new building or a building under construction, additional documents are required:
- equity participation agreement;
- the acceptance certificate, if it is drawn up;
- act of initial measurement of the house by the developer;
- a loan agreement, if funds for the purchase are provided by the bank against a mortgage.
You may be interested in: how to buy an apartment with a mortgage?
If the house has not yet been completed, registration is possible after installing the foundation and erecting the walls. Before selling apartments, documents are submitted again indicating the exact technical data and cost of the property.
FEATURES OF LAND ALLOCATION
New burial sites are created only subject to the positive conclusion of various examinations (hygienic, sanitary and environmental). The distance from the burial site to the residential area should be 300 meters or more. Municipal authorities guarantee the choice of landfill when taking into account Federal Law number 8, as well as the Resolution of the country's chief sanitary doctor.
When allocating land for a cemetery, it is mandatory to inform:
- People who live near future development.
- Users, owners and tenants of land plots whose rights may be affected by the appearance of a cemetery.
- Owners of allotments. They are informed about the likely purchase of landfills for government needs and the future construction of places for burial of human remains.
SUBTRACTS OF REGISTRATION OF A CEMETERY AS A REAL ESTATE OBJECT
After successfully selecting a land plot for the construction of a cemetery, special acts are drawn up, and additional zones are established (security, sanitary, protective). Along with them are transmitted:
- Projects with memory limits. Information is approved by municipal authorities.
- Calculation of estimated losses for owners of land plots, land users, owners of land plots, as well as lessees.
- Calculation of losses for agricultural production or forestry. The municipal (executive) body decides on the possibility of locating a cemetery, after which the act of choosing a land plot is approved. Copies of the mentioned papers are handed over to the applicant.
After receiving a preliminary decision, you can proceed to the next stage. At this stage, it is necessary to achieve a decision on obtaining an allotment and its use for organizing a cemetery. In this case, it is necessary to carry out land management work. As for the validity period of the decision, it is three years (maximum period).
Next, new ones are formed and existing ones are put in order. After this, the boundaries of the land plot are created and secured using boundary signs. As soon as this work is completed, land management files are filled out taking into account the requirements of Roszemkadastr. Based on the approved urban planning documents, land surveying documentation is being prepared taking into account the order of Roskomcadastre.
REASONS FOR REFUSAL
The authorized body has the right to suspend consideration of the application in the following cases:
- The location of the object coincides (in whole or in part) with another object that was previously registered in the cadastre.
- The presence of contradictions between the information in the documentation and the object itself.
- The application or submitted documentation was executed in violation of applicable requirements and standards.
Refusal often occurs in the following situations:
- A structure is formed from an object (one or more), for which selection of a part or division is not available.
- The premises cannot be classified as real estate, which requires registration in the cadastre.
- The technical plan is certified by a person who does not have the authority to do so.
- The room is not isolated from other rooms in the facility.
- The structure is formed from real estate, which is included in the state cadastre on a temporary basis.