Registration of an unfinished construction project of the public transport system in 2021

Registration of an unfinished construction project (ONC) is carried out through Rosreestr. After transferring the data on the public tax system to the Unified State Register and assigning a cadastral number to it, the object can be disposed of, including selling, contributing to the authorized capital of legal entities. To register, you need to draw up a technical plan, which will describe the characteristics and coordinates of the ONS, and indicate its degree of readiness. The main guiding document for this is Order of the Ministry of Economic Development No. 953.

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Read in the article at what degree of readiness an unfinished construction project can be registered, how a technical plan is drawn up, what Rosreestr will check when entering information into the Unified State Register of Real Estate.

Is it necessary to register an unfinished construction project?

Typically, ready-made real estate properties are registered in the cadastral register. including buildings, residential and non-residential premises, parking spaces. They show signs of isolation and separation, and are fully ready for use. An unfinished object can also be registered. The main criteria confirming the possibility of passing registration. are:

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• compliance with general requirements for real estate (first of all, an inextricable connection with the land);
• availability of a building construction permit (it is issued after the project has passed the examination);
• a certain degree of readiness of the object. those. the building must have basic structures and elements.

Rosreestr does not go to the site to verify its existence or the presence of certain characteristics. Only documents are used to confirm the listed facts. The applicant needs to submit documents for the site and a building permit. technical plan for ONS.

An unfinished construction project can be registered in the cadastral register if it has been confirmed to have a certain degree of readiness. It is determined by the cadastral engineer when drawing up the technical plan.

The need to register an object before complete completion of construction may be associated with the following purposes:

• to attract investors to the completion of construction, to confirm to them the results of the first stages of construction work;
• to sell the ONS to a new developer who will continue to operate;
• to recognize ownership of an unfinished object in order to resolve a contract dispute;
• to put an unfinished object up for auction in enforcement proceedings in the event of bankruptcy of the developer;
• to get a loan secured by unfinished real estate.

In terms of its status, the ONS will differ from a regular facility only in the inability to operate it. Otherwise, there are practically no differences. For an unfinished object, you can simply determine the market value, sell it or use it as a means to attract investment and complete work. ONS can be placed on the balance sheet as a fixed asset, which will increase the company's assets.

Expert commentary. As a rule, the decision to register the ONS is made by the customer of the work, the developer or another authorized person. Also, the obligation to undergo registration may be imposed by a court decision. For example, this will be relevant in bankruptcy, where the debtor’s assets are put up for auction. When registering, they will definitely check the legality of the construction and the availability of rights to the site.

What does cadastral registration of ONS include?

Real estate accounting involves transferring data about their coordinates and characteristics to the Unified State Register of Real Estate. This register is maintained for all objects located in Russia. Only Rosreestr officials have the authority to maintain and change USRN information. They check the contents of the documents of the cadastral engineer and the applicant, their compliance with Law No. 218-FZ (), Orders of the Ministry of Economic Development. In particular, technical plans for ONS must be filled out in accordance with the form of Order of the Ministry of Economic Development No. 953 ().

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When the registration is completed, an entry about the cadastral number of the object will appear in the register. This is the main identifier of the property. Also from the Unified State Register of Real Estate you can obtain data on the main parameters of the object and its coordinates. The supporting document that the applicant will receive will be an extract from the Unified State Register of Real Estate.

After registration with the cadastral register, further construction can resume. When the facility is completed, you need to order the technical plan again and register it with Rosreestr.

Are there grounds for registering ownership of an unfinished object if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit?

Answer: Registration of ownership of an unfinished object, if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit, is possible. However, for unfinished construction projects to which Art. 239.1 of the Civil Code of the Russian Federation, there is a risk of sale at public auction in court at the request of a state/municipal body. Rationale:According to paragraph 1 of Art. 25 Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, ownership of the created real estate object is registered on the basis of a title document for the land plot on which this real estate object is located, as well as permission to put the facility into operation if, in accordance with the legislation of the Russian Federation, such permission is required. According to paragraph 4 of Art. 25 of Law N 122-FZ, if the land plot allocated for the creation of a real estate property belongs to the applicant on a right other than ownership, the applicant’s ownership of the unfinished construction project is registered on the basis of documents confirming the right to use this land plot, permission for construction. Thus, the presence of a document confirming the right to use a land plot is necessary to register ownership of a real estate object created on this plot. However, there is a broad interpretation of this rule, relating to the situation when the lease agreement expired before the registration of the right to an unfinished construction project. It was made by the Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 24 of Resolution No. 73 of November 17, 2011 “On certain issues in the practice of applying the rules of the Civil Code of the Russian Federation on a lease agreement”: “... the courts should keep in mind that this provision does not prevent the state registration of ownership of the created during the period of validity of the lease agreement, the object is under construction, if by the time the application for state registration is submitted, the lease period has expired.” In this regard, refusal to register ownership of an unfinished construction project only on the basis that the lease period for the land plot on which the unfinished construction project was erected has expired is contrary to the law. At the same time, if, during a legal examination, the registering authority comes to the conclusion that the object of unfinished construction as an independent immovable thing does not exist (for example, foundation work on the object has not been fully completed, etc.), then the refusal to state registration of rights is lawful . Subclause 1, clause 7, art. 51 of the Town Planning Code of the Russian Federation indicates that it is mandatory to provide a title document for the land when applying for a building permit, i.e. for a document that gives the right to conduct construction on a specific site and allows you to register ownership of the constructed unfinished object. Land Code of the Russian Federation in paragraphs. 10 paragraph 2 art. 39.6 provides that one of the grounds for providing a land plot for rent without holding a tender is the completion of an unfinished construction project by the owner of such an object. However, this provision is one-time only. That is, the legislator follows the principle of a single fate of the land plot and the real estate property (clause 5, clause 1, article 1 of the Land Code of the Russian Federation). According to paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, immovable things include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, and unfinished construction objects. According to paragraph 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25, state registration of the right to a thing is not a prerequisite for recognizing it as an object of real estate, and when resolving the issue of recognizing a legally under construction object as an immovable thing (an object of unfinished construction), it is necessary to establish that at least the foundation work or similar work has been completely completed. The rules on the lease agreement provide for unilateral termination of the agreement at the request of the lessor (Article 619 of the Civil Code of the Russian Federation), and the fate of the object under construction is in no way specified by law. Accordingly, a refusal to register ownership rights after termination of the lease agreement in this situation, firstly, would deprive the developer of all rights granted to him by law - to complete the construction of the facility, to conclude a lease agreement for a new term without bidding; secondly, it would create uncertainty in the legal status of the unfinished construction project (which is a newly created real estate property legally created by the developer) and the land plot (the developer’s lease right to which has been terminated, and the developer has not been given the opportunity to purchase the plot on exceptional terms). Accordingly, a situation would arise that would contradict the above-mentioned principle of the unity of fate of the site and the real estate located on it. In this regard, the courts extend the opinion of the Plenum of the Supreme Arbitration Court of the Russian Federation (clause 24 of the Resolution No. 73 of November 17, 2011) not only to cases where the lease agreement has expired, but also to situations where the agreement was terminated by the lessor. With reference to Resolution No. 73 dated November 17, 2011, the courts conclude that the fact that the lease agreement for the land plot provided to the developer for the purpose of constructing the facility was terminated by the time the application is submitted to the registering authority does not have legal significance for carrying out the registration requested by the applicant and cannot be considered legal basis for refusing it (Resolution of the Arbitration Court of the Moscow District dated March 25, 2015 N F05-2346/2015 in case No. A40-58498/14; Resolution of the Arbitration Court of the North-Western District dated December 29, 2014 in case N A56-15473/2014 ). At the same time, it is necessary to take into account that for lease agreements concluded after 03/01/2015, the rule on termination of the lease agreement for a land plot under an unfinished construction project that is in state or municipal ownership applies. If an unfinished construction object is located on a land plot whose lease agreement has been terminated, it is possible to seize the specified object from the owner and sell it at public auction in the following cases: - if the plot was provided as a result of an auction; - if the site was provided without bidding in order to complete the construction of an unfinished construction project, provided that the construction of this facility was not completed (clauses 1, 6 of Article 239.1 of the Civil Code of the Russian Federation). This right is exercised in court (the competent authority managing the relevant land plot must file a claim for the sale of an unfinished construction project at public auction). The developer has the right to object to the claim, including by proving that the violation of the construction period of the facility is associated with the actions (inaction) of state authorities, local governments or persons operating the engineering support networks to which it must be connected (technologically connected) object (clauses 2 and 3 of Article 239.1 of the Civil Code of the Russian Federation). At the same time, according to paragraph 11 of Art. 4 of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” to a shared construction project, the construction (creation) of which is in state or municipal ownership land plot on the day of termination of the lease agreement for such land plot has not been completed, the provisions of Art. 239.1 of the Civil Code of the Russian Federation do not apply. Accordingly, the provisions of Art. 239.1 of the Civil Code of the Russian Federation are applicable to unfinished construction projects only within the limits established by law if the following conditions coincide: - if the terminated lease agreement was concluded after 03/01/2015; - if the terminated lease agreement was concluded following an auction or for the purpose of completing construction of an unfinished construction project; - if the construction-in-progress object is not an object of shared construction. Thus, registration of ownership of an unfinished object, if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit, is possible. However, for unfinished construction projects to which Art. 239.1 of the Civil Code of the Russian Federation, there is a risk of sale at public auction in court at the request of a state/municipal body (accordingly, the acquisition of the site into the property of the developer will become impossible, since the basis for this - the need to complete construction of the facility - will be lost).

List of useful documents

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Post-construction accounting

After the ONS is registered, its construction can continue. Since this entails changes in the parameters of the object, the corresponding adjustments must be made to the Unified State Register. To this end, the customer:

• after completion of construction work, applies to Gosstroynadzor and receives permission to commission;
• a technical plan is drawn up for the completed building;
• documents are submitted to Rosreestr, where the erected structure will be registered;
• information about the ONS will be canceled in the Unified State Register of Real Estate, since information about the completed facility will appear there.

In general, the procedure for registering a completed facility is not much different from the ONS. To prepare a technical plan, an engineer goes to the site, takes measurements and coordinates, and fills out documents. Based on the results of the accounting, the applicant receives an extract from the Unified State Register.

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Benefits of registering in a village

Living in the village has many advantages.

If you do not take into account the fresh air, proximity to nature, the advantages of registration in the village have economic implications. Firstly, this is an opportunity to get inexpensive but comfortable housing. In the city, especially in a metropolis, the cost of an apartment of 60-80 m2 will be 2-3 times more expensive than a house in the countryside of 100-120 m2.

Another benefit is savings on taxes and insurance. The obligation of citizens to pay property tax in the amount of 0.1% of the cadastral value is a significant financial burden. Moreover, local authorities can increase this tax to 0.3% or reduce it to zero. For metropolitan apartments, the cost of which is on average 8-15 million rubles, the maximum tax amount will cost 24-45 thousand rubles. And in the villages there is an opportunity to do without the fiscal burden or pay a symbolic amount. The reason is a more lenient fiscal policy (not everywhere, but the trend is visible) and the low cadastral value of housing, from which the tax is calculated.

The next thing that registration in the village gives is the opportunity to pay half as much for compulsory motor liability insurance. Not all regions have such a difference. For example, in the Moscow region, whether in the village or in the capital, the coefficient does not depend on the territory. But in the Irkutsk region, it is enough to register in a locality adjacent to the regional center, and you will have to pay half as much for insurance.

Finally, the advantages of registration in the village include the opportunity to engage in your own household farming, organize a small or full-fledged farm. A city dweller is deprived of all this or has limited opportunities, since periodic trips to the countryside are not comparable to the possibilities of permanent residence in the village.