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Many transactions with housing are carried out only with a valid registration certificate. This document contains a detailed description of the property and is issued at the BTI after paying a certain fee, the amount of which depends on the region of the country.
To have legal force, the validity period of a technical passport must not exceed the period established by law.
Why might a technical passport be required?
This document contains 2 parts – graphic and text. The first includes basic information about the object, its detailed characteristics (area, number of rooms, number of floors, year the building was put into operation, etc.).
The graphic section is a detailed plan of the living space (a drawing with exact dimensions). A registration certificate is required when carrying out the following real estate transactions:
- when purchasing property on credit (the bank uses this document to assess the market value of the property);
- for registration in the apartment of a new tenant (not presented to an employee of the Ministry of Internal Affairs of the Russian Federation in all cases);
- when coordinating future or illegal redevelopment of housing;
- to determine the amount of payment for housing and communal services;
- when checking the technical condition of a residential premises;
- when changing the status of a building from non-residential to residential and vice versa;
- for registration of inheritance, insurance, etc.
Although this registration certificate is no longer required when registering the transfer of property rights, in practice it can be useful when concluding a purchase and sale agreement. With its help, a potential buyer, his representative or realtor can verify the legal purity of the upcoming transaction.
The document must necessarily have the signature of a cadastral engineer and the seal of the technical inventory bureau.
Basic provisions of the technical passport
There are technical passports of two options: for buildings and structures. The apartment passport refers to the second option. There are also technical certificates for non-residential premises, houses, cottages and other premises and buildings that have technical characteristics and features as real estate objects.
Such a document is made during the first inventory, when the house has just been put into operation. It is issued by the owner of the apartment upon purchase. The developer is not responsible for this. The developer is responsible only for the general condition of the building as a whole, and not for an individual apartment. If the apartment is for sale, then the seller, not the buyer, is responsible for issuing the passport. The remaining nuances during the sale are decided between the parties.
Information specified in the passport:
- floor plan (floor by floor);
- primary housing price;
- materials that were used to build the walls;
- description and main characteristics of the house foundation, coatings;
- year of construction;
- year of repair (not cosmetic);
- square;
- address and city;
- floor;
- changes in layout;
- description of the location of balconies and loggias;
- number of rooms in the apartment, layout.
The passport is prepared on the basis of the technical plan. The plan is submitted to the BTI, where technical and cadastral passports are issued. There are significant differences between these documents.
technical passport
Features of registration of a housing registration certificate
This document is prepared at the territorial office of the BTI at the location of the property. Both its owner and the representative of the property owner can declare the need to issue a technical passport. In some cases, the document is issued to tenants.
The technical passport contains detailed characteristics of the residential premises, so it is often confused with the cadastral passport. It is worth noting that both documents contain significant differences and are not interchangeable.
In addition, from the beginning of 2021, cadastral passports have been replaced with extracts from the Unified State Register of Real Estate, and therefore can no longer be issued to property owners.
To order the production of a technical passport, you must pay a state fee. Its value depends on the region of the country. On average, the cost of collection is about 1,200 rubles.
What costs will you incur?
Having figured out what a technical passport looks like at home and decided to apply for it, you need to take into account that the procedure is not free. The standard cost of the procedure is approximately 1,500 rubles. If registration is carried out at an accelerated rate, this will lead to a significant increase in cost. You will have to pay 2500-5000 rubles for the procedure. If a citizen turns to a specialized office, this will lead to an increase in price to 7,000 rubles. Contacting intermediaries will significantly simplify the registration procedure. Experts advise using the services of an organization to prepare a large package of documentation, rather than just one piece of paper. Prices may vary depending on the region and property price.
Expiration date of the technical passport for the house
Not all legal documentation has a maximum validity period; a registration certificate for a private house is no exception to the rule. Formally, this document does not have an expiration date, but some organizations, state and municipal institutions insist on providing a “fresh” document.
The legislation of the Russian Federation indicates the need to timely re-inventory residential premises.
During this procedure, an authorized engineer records the presence or absence of changes in the technical characteristics of the housing and issues a new registration certificate for the house. Inventory must be carried out once every five years.
Thus, if you do not plan to carry out any operations with your private home, there is no need to replace the existing registration certificate. However, the situation changes if you want to sell the property, arrange interior redevelopment, or leave it as collateral in the bank.
Validity period of the technical passport for the apartment
The situation when issuing a new registration certificate for residential premises in an apartment building is similar to that described above.
The expiration date of a technical passport for an apartment has also not been established, however, many companies, organizations and government agencies insist on providing a “fresh” document, that is, a passport that has not passed five years since its issuance.
This requirement is due to the fact that in five years a lot could have changed - from the internal structure of the premises to the number of co-owners of the property. A “fresh” document allows the organization to make sure that there have been no illegal redevelopments or other changes in the technical characteristics of the housing recently.
What is the validity period of a technical or cadastral passport of the BTI (PIB)?
In this material, lawyer Anton Lebedev analyzes the rules governing the “validity period of a passport for an apartment.” For the analysis, we took the answers given on the websites of the official bodies carrying out inventory accounting (Rostekhinventarizatsiya), the City Department of Inventory and Real Estate Valuation of St. Petersburg (GUION) and the registration of rights to real estate (Rosregistration).
If you don’t have time to read the legal explanation about the validity period of a passport and you are interested in a specific question, just click on the link:
- Is the technical passport valid now?
- What is the validity period of a technical or cadastral passport?
In this case, answers to the questions given above in the comments section will no longer be given.
The controversial legal norm was contained in the Decree of the Government of the Russian Federation of December 4, 2000 N921 and is as follows:
Decree of the Government of the Russian Federation of December 4, 2000 N921
8. A planned technical inventory of accounting objects is carried out in order to identify changes that occurred after the initial technical inventory and reflect these changes in technical passports and other accounting and technical documents.
A planned technical inventory is carried out at least once every five years. At the moment, Government Decree No. 921 has been amended by Decree of the Government of the Russian Federation dated August 21, 2010 N 644; the indication of deadlines has disappeared from clause 8 of the Decree. From 01.03.2008 it is necessary to provide a cadastral passport for primary registration.
In parallel, there are similar norms of the Decree of the Government of the Russian Federation dated October 13, 1997 N1301, Order of the Ministry of Construction of the Russian Federation dated April 4, 1992 N 87 “On approval of the procedure for assessing buildings, premises and structures owned by citizens by right of ownership” and the Order of the Mayor of St. Petersburg dated August 18 1994 N 857-r “On approval of the regulations on the technical inventory of real estate in St. Petersburg.”
Here is the answer from FSUE "Rostekhinventarizatsiya" dated 06/19/2008 (source: Official website of Rostekhinventarizatsiya) to the question about the validity period of the passport:
“A technical passport is drawn up for each capital construction project based on the results of the primary technical inventory in the prescribed manner (clause 7 of the Regulations on the organization in the Russian Federation of state technical accounting and technical inventory of capital construction projects, approved by Decree of the Government of the Russian Federation of December 4, 2000 No. 921 ).
A technical passport is a document certifying the actual existence of a corresponding capital construction project with the characteristics established during its technical inventory on a specific date. The technical passport is drawn up for the specific date of the technical inventory of the capital construction project, which is indicated on the title page of the technical passport.
A technical passport cannot have a limited validity period . The legislation does not establish such validity periods for technical passports. Establishing deadlines for the validity of technical passports and other documents issued by technical inventory organizations (certificates, extracts from the register, extracts from technical passports, floor plans, explications, etc.) is illegal and violates the rights of applicants applying to technical inventory organizations for relevant documents.”
This is the opinion of the Federal State Unitary Enterprise Rostekhinventarizatsiya. The institutions of Rosregistration are not controlled by Rostekhinventarizatsiya, but they adhere to a similar opinion. Unfortunately, the response from Rosregistration posted on the website does not contain the date of the answer; judging by the wording given in the answer, the answer was given after 06/30/2006. As of 06/30/2008, this answer was posted on the website (source: Official website of Rosregistration):
“Based on the Regulations of December 4, 2000 No. 921 “On the organization in the Russian Federation of state technical accounting and technical inventory of capital construction projects” (hereinafter referred to as the Regulations), technical inventory is divided into primary, planned and unscheduled. A planned technical inventory of accounting objects is carried out in order to identify changes that occurred after the initial technical inventory and reflect these changes in technical passports and other accounting and technical documents. Planned technical inventory is carried out at least once every five years . An unscheduled technical inventory of accounting objects is carried out when the technical or qualitative characteristics of the accounting object change (redevelopment, reconstruction, construction, destruction, etc.), as well as in the case of submitting a plan of the accounting object for state registration of rights in accordance with Article 17 of the Federal Law of July 21 .1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law).
According to Article 18 of the Registration Law, the form of a technical passport and the procedure for its registration by an organization (body) for recording real estate objects are established by the federal executive body authorized to carry out the functions of legal regulation of state technical accounting and technical inventory of capital construction projects. Additionally, we inform you that on the basis of paragraph 1 of Article 17 of the Law on Registration, the submission of a plan of a real estate property is not required if the plan of the corresponding real estate property or other document provided for by this Federal Law and containing a description of this real estate property has previously been submitted and placed in the corresponding case of title documents.”
The City Department of Inventory and Valuation of St. Petersburg (GUION) responds to the question about the validity period of technical and cadastral passports as follows (official response from GUION):
“Answer: the validity periods of these documents have not been established, however, by Decree of the Government of the Russian Federation dated December 4, 2000 No. 921, technical inventory must be carried out at least once every 5 years, and therefore, technical and cadastral passports lose their relevance after the specified deadline."
This means that the GUION does not distinguish between a technical and cadastral passport and the legal regulation of this issue is assigned specifically to the Decree of the Government of the Russian Federation of December 4, 2000 No. 921.
As you can see, Rosregistration interprets this norm more restrainedly, but talks about the possibility of not providing a passport at all. In paragraph 1 of Art. 17 of the Federal Law on State Registration (as amended on May 13, 2008) contains the following provision: “The presentation of a cadastral passport of a given real estate property is not required if the cadastral passport, plan of this real estate property or other document provided for by this Federal Law and containing a description of this real estate property, or in the case of state registration of rights to a land plot - a cadastral passport or cadastral plan of such a land plot has already been previously submitted and placed in the corresponding file of title documents.” Therefore, if we talk about the need to provide a plan, then it is possible not to provide it in the case where this plan was provided earlier and was placed on file with the registering authority for the property.
An analysis of all these standards allows us to conclude that a planned technical inventory should be carried out at least once every five years. These standards do not contain any restrictions on the validity period of the technical passport.
An analysis of the responses of federal authorities in combination with the responses and requirements of the regional divisions of these bodies allows us to say that the requirements established locally may differ from the position of the federal authorities. For example, one of the documents submitted for state registration to the Federal Reserve Service indicates “The original plan of the property, certified by the state body (organization) carrying out state accounting and technical inventory of real estate in the territory of the registration district.” The list of documents provided for registration does not indicate that this document may not be provided under certain conditions. This position of the regional departments of the Federal Reserve System (Rosregistration) is due to the fact that the explanations of the norms of paragraph 1 of Art. 17 of the Federal Law on State Registration does not always result in a correct understanding of such norms by citizens and legal entities, which in practice leads to even greater problems.
We can definitely say that fulfilling the possible requirement of the registering authority about “the period for producing a passport no later than five years” will allow state registration to be carried out without any complications. In case of failure to comply with this requirement, an arbitrary interpretation of the provisions of the Government of the Russian Federation of December 4, 2000 N921 by a specific contractor may lead to the suspension of state registration. The registration authority may impose a requirement to confirm the data of the “old” passport with a new document from the BTI (PIB). All market participants refuse proposals to verify the effect of this norm in a practical way, sacrificing registration deadlines. Therefore, it is impossible to talk about verifying in practical terms the validity of this provision throughout the entire Russian Federation. If a refusal is received on this basis, such refusal to state register the transaction may be appealed in court. At the same time, appealing such a refusal in arbitration courts occurs much faster.
More detailed information on the need to provide cadastral passports and the possibility of providing technical passports for registration of rights is contained in Art. 33 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.”
Article 33. On the entry into force of this Federal Law
... the text has been shortened ... 10. Until January 1, 2013, a mandatory attachment to the documents required for the state registration of rights to a building, structure, premises or an unfinished construction project under paragraph 1 of Article 17 of this Federal Law is the cadastral passport of such real estate object .
Submission of a cadastral passport of such a real estate object is not required if the cadastral passport, plan of such a real estate object or other document provided for by this Federal Law and containing a description of such a real estate object has already been previously submitted and placed in the corresponding file of title documents. Moreover, if, in connection with a change in information about such an object of real estate, it is necessary to make appropriate changes to subsection I of the Unified State Register of Rights, updated information about such an object of real estate is entered into the Unified State Register of Rights without re-registration based on an application from the copyright holder of such an object of real estate or his representative and the attached cadastral passport of such real estate object, containing new information about such real estate object. 11. After January 1, 2013, the cadastral passport of a building, structure, premises or an object of unfinished construction is a mandatory attachment to the documents necessary for the implementation of the grounds for state registration of rights to such a real estate object in accordance with paragraph 1 of Article 17 of this Federal Law, only in the case if information about such real estate is not available in the state real estate cadastre. 12. Technical passports and other documents that contain a description of buildings, structures, premises, objects of unfinished construction and are issued in accordance with the procedure established by the legislation of the Russian Federation before March 1, 2008 for purposes related to the implementation of the appropriate state registration of rights to these real estate objects and transactions with them are recognized as valid and have equal legal force with cadastral passports of real estate objects. ... the text is shortened ... Thus, the provision of a cadastral passport for registration actions will become mandatory from January 1, 2013 for newly created objects and objects with which transactions have not been made for a long time. Technical passports issued before March 1, 2008 have equal validity with cadastral passports and must be accepted for registration actions. Whether technical passports will be accepted after January 1, 2013 is a big question, because... the wording of paragraph 11 and paragraph 12 of Art. 33 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” can be interpreted ambiguously by the registering authority. If a request is made for the provision of a new cadastral passport by the registration authority or other organizations, such actions can be appealed in court.
According to the latest data provided by readers of the Civil Lawyer website, state registration of transactions in St. Petersburg on the basis of documents created more than five years ago is possible. Consultants at the Federal Service for State Registration of Cadastre and Cartography for St. Petersburg (formerly the Federal Reserve Office for St. Petersburg and the Leningrad Region) inform citizens about the possibility of using documents produced more than 5 years ago.
The material was prepared by lawyer Anton Lebedev
Internet project “ Civil Lawyer ”
Is it possible to use a registration certificate produced more than 5 years ago?
How to get an extract from the Unified State Register for an apartment is here.
Extended extract from the house register - .
How to restore the house register - read here.
Whether to accept a technical document drawn up more than five years ago or not to accept it - the decision depends solely on the organization or citizen.
For example, if we are talking about the sale of an apartment, a potential buyer has the right to request a “fresh” registration certificate, but the owner independently decides whether to provide him with a new document.
Experts advise the parties to the transaction to enter into a purchase and sale agreement after carefully checking the characteristics of the residential premises in order to avoid future disputes and invalidation of the transaction.
Have you contacted the housing inspectorate to legalize the unauthorized redevelopment of your home? The law allows for the submission of an old technical certificate containing changes made after redevelopment to the authority. If you are not sure that you can correctly mark the necessary lines, the best solution would be to make a new document.
Documents to be received
To obtain a technical passport, you need to submit the following package of documents to the BTI:
- passport (to confirm Russian citizenship, personal data, registration);
- confirmation that the citizen is the owner of the apartment (if not privatized housing, then bills from housing and communal services);
- to formalize the transfer of inheritance, you need the passport of the owner (possibly deceased), as well as the passport of the heir and a document confirming the transfer of rights;
- certificate No. 7 to privatize an apartment, a rental agreement, if the privatization of a communal room;
- documents for redevelopment are clarified in the BTI, since you first need to find out its type (an apartment awaiting redevelopment or unauthorized changes have already taken place), so the lists in these cases are different;
- in the case of an appeal not from the owner, but from an authorized person. You need a power of attorney and his passport;
- payment of state duty.
Help 7 – extracting technical information from the technical passport, which contains a more complete list of data.
Will they approve a mortgage with an old registration certificate?
Banks carefully check the legal purity of the transaction and give preference to “fresh” documents. If you want to apply for a mortgage or other targeted loan, a banking organization has the right to refuse to accept your application if you provide an old registration certificate, more than five years have passed since its production.
In this case, the decision to accept such a document depends entirely on the internal policy of the bank.
If you want to apply for a loan without unnecessary disputes and problems, experts recommend replacing the old registration certificate with a new one and providing it to the employees of the banking institution.
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Basic legal provisions
What is a technical passport for a property and why is it needed?
The legislation of the Russian Federation regulates all spheres of life of citizens of its state.
Real estate transactions were no exception, as a result of which the legislator obliged them to be registered officially.
To register, you must contact the relevant government agency and provide its employees with a mandatory list of documents specifically for your situation.
Since we are talking about real estate transactions, it is extremely important to provide a technical passport of the structure, which fully covers the structural composition of the object.
The procedure for providing papers containing a technical plan of a particular property is determined by numerous regulations.
Most of them are represented by Federal laws that regulate the principles and essence of real estate cadastral registration. In accordance with current laws, you should:
- Technical documentation of objects is necessary for maintaining general cadastral registration of all real estate on the territory of the Russian Federation and carrying out transactions with it.
- The preparation of such papers is not mandatory. However, if you need to register real estate in someone’s name or carry out other transactions with it, you cannot do without technical documentation.
- Technical documentation used in a specific transaction or other legal procedure regarding a property must be current on the day of the event. Otherwise, the owner of the real estate or the government agency that took into circulation the invalid documentation may have problems in the future.
- The validity period of technical documents is regulated by law. However, if necessary, local governments may adopt some of their own rules regarding the validity period of specific papers. All controversial issues are resolved in court.
