The apartment building has been registered in the cadastre. Is the developer obliged to register the apartments? Disclosure of information from the personal account of the house

Apartment building: accounting features

V.A. Mezhetskaya

deputy General Director of JSC "Center for Municipal Economy"

N.V. Gabrus

specialist of JSC "Center for Municipal Economy"

If, before the entry into force of the Housing Code of the Russian Federation, the housing stock was subject to registration, to which the residential premises of apartment buildings were assigned, now the accounting of an apartment building as a whole becomes relevant.

Housing stock and apartment building

The purpose of accounting for the housing stock is the need to control1 the use and safety of the housing stock, the compliance of residential premises that are an integral part of the housing stock with the established requirements. Moreover, in accordance with Part 1 of Article 19 of the Housing Code of the Russian Federation (Housing Code of the Russian Federation), the housing stock is the totality of all residential premises located on the territory of the Russian Federation.

An apartment building is not only a collection of residential premises of any form of ownership, but also non-residential premises, as well as elements of common property. The need for accounting for an apartment building is due to the fact that the management of an apartment building should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, and the solution of issues related to the use of this property (Article 161 of the RF LC).

State registration of housing stock

In accordance with article 19 of the RF Housing Code, the housing stock is subject to state registration in the manner prescribed by the decree of the Government of the Russian Federation. Currently, the Government of the Russian Federation decree No. 1301 of October 13, 1997 "On state registration of the housing stock in the Russian Federation" (hereinafter - Decree No. 1301) is in force. According to this resolution, the following forms of state registration of the housing stock are established:

State technical accounting,

State statistical accounting,

Accounting.

State technical accounting

In accordance with article 19 of the RF LC “state accounting should provide for technical accounting of the housing stock, including its technical inventory and technical certification (with the registration of technical passports of residential premises - documents containing technical and other information about residential premises related to ensuring compliance residential premises to the established requirements) ".

1 State control over the use and safety of the housing stock, regardless of its form of ownership, as well as the compliance of residential premises with the established requirements, is carried out by authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation in accordance with federal law and other regulatory legal acts of the Russian Federation (Article 20 ZhK RF). At the present time, the Resolution of the Government of the Russian Federation of September 26, 1994 No. 1086 "On the State Housing Inspection in the Russian Federation" is in force in the part that does not contradict the RF Housing Code.

Technical registration of the housing stock is carried out by specialized state and municipal organizations for technical inventory (BTI) 2, of which there are about 600 today.

One of the obligatory documents that these organizations draw up is the technical passport of the dwelling. Its form is established by the Instruction on accounting for the housing stock in the Russian Federation, approved by order of the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services No. 37 dated August 4, 1998.

In accordance with clause 9 of Resolution No. 1301, technical accounting data for the housing stock is mandatory, unless otherwise provided by the legislation of the Russian Federation, in the following cases:

When compiling state statistical reports on the housing stock;

At state registration of rights to real estate and transactions with it;

When commissioning residential buildings and residential premises;

When determining the technical condition and physical wear and tear of residential buildings and residential premises;

When registering homeowners' associations (HOA);

When assigning cadastral numbers to real estate objects in the housing sector;

When calculating and controlling the tax base of real estate in the housing sector.

State statistics

Official statistical accounting of the housing stock is carried out by the Federal State Statistics Service (Rosstat) and its territorial bodies. Accounting is carried out on the basis of summarizing the forms of federal state statistical monitoring of housing

by the fund with the frequency and within the terms determined in the annual federal programs of statistical work. When compiling indicators of official statistical accounting, indicators of state technical accounting are used.

Decisions of the Federal State Statistics Service of June 16, 2006 No. 20, of December 29, 2006 No. 88 and of October 25, 2007 No. 66 approved the forms in accordance with which statistical accounting of the housing stock is carried out.

Organizations of technical accounting and technical inventory shall report on the form of federal state statistical observation No. 1-housing fund "Information about the housing stock" until February 25 of the year following the reporting year. Local governments must submit a report in the form No. 4-housing fund "Information on the provision of residential premises to citizens" by April 25 of the year following the reporting year, and in the form No. 1-MO "Information on the provision of municipalities with trade and social facilities" up to 1 June of the year following the reporting year.

Annually until January 22 legal entities - owners of the housing stock, organizations for which the housing stock is assigned on the basis of the right of economic management, and institutions for the operational management of which the housing stock has been transferred, must report in form No. 1-KR "Information on the overhaul of the housing stock".

It should be noted that at present there is a gradual alignment of statistical forms with the RF LC, since many forms of accounting for the housing stock require serious processing.

Accounting

Could there be such a thing today as “housing stock accounting”? There can be no such concept, since the housing stock is an aggregate

2 In accordance with clause 3 of the Regulation on the state accounting of the housing stock, approved by the decree of the Government of the Russian Federation dated October 13, 1997 No. 1301.

dwelling premises of various forms of ownership. In accordance with Article 1 of the Federal Law of November 21, 1996 No. 129-FZ "On Accounting", the object accounting is the property of organizations. In accordance with PBU 6/01, approved by order of the Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) No. 26n dated March 30, 2001, the accounting unit for fixed assets is an inventory item. Independent real estate objects in apartment buildings are only apartments, rooms in communal apartments and non-residential premises, which, in accordance with PBU 6/01, are an inventory item and must be accounted for by the organizations that own these premises.

This conclusion is confirmed by official explanations of the Ministry of Regional Development of the Russian Federation (Ministry of Regional Development of Russia). So, according to the letter of this ministry dated December 20, 2006 No. 14316-RM / 07, the accounting of an apartment building, the premises in which belong to two or more owners, in the register of municipal (state) property and (or) accounting of an apartment building on the balance sheet of the manager or other the organization should be considered unlawful. Apartment buildings, premises in which are owned by two or more owners, are subject to write-off from the accounts of organizations, exclusion from the register of municipal property and from the municipal treasury. This letter contains one more conclusion, which, in our opinion, is not entirely correct: “In these apartment buildings, only residential and non-residential premises that are in municipal ownership can be the object of accounting of municipal organizations (when consolidated on the right of economic management or operational management), the object of registration of municipal property and be in the municipal treasury (in the absence of consolidation on the right of economic management or operational management). " Since residential and non-living

all premises must be accounted for by the owners, who in this case are not municipal unitary enterprises; premises cannot be an object of accounting in these enterprises.

Thus, if we are talking about the housing stock, then today the concept of financial, or accounting, accounting is applicable only to the property of legal entities, which must take it into account on their balance sheets.

Since the assignment to municipal unitary enterprises on the basis of the right of economic management of residential premises that are in municipal ownership does not comply with the norms of the RF Housing Code, the head of the enterprise has the right to apply to the Committee on Municipal Property Management (KUMI) to resolve the issue of transferring municipal housing to the municipal treasury. KUMI, for its part, must issue an appropriate order. The procedure for writing off the balance sheet of unitary enterprises and institutions of municipal property will be as follows:

Registration of the act of inventory of residential premises;

Obtaining an order from the KUMI on the seizure of municipal residential premises;

Registration of an order of the head of a unitary enterprise on the removal of residential premises from the balance sheet in connection with the need to bring property relations for the ownership of municipal residential premises in accordance with the norms of housing legislation;

Registration of the act of acceptance and transfer of fixed assets in the form No. OS-1a, approved by the resolution of the State Committee of the Russian Federation on Statistics of January 21, 2003 No. 7; together with the act, the inventory cards of fixed assets are transferred to the local government bodies in the form No. OS-6.

If the KUMI does not issue an appropriate order, the municipal unitary enterprise or institution has the right to refuse property that is under economic jurisdiction or operational management, on the basis of Articles 235 and 236

Civil Code of the Russian Federation (Civil Code of the Russian Federation). To do this, the head of the enterprise issues a corresponding order and sends to the KUMI a notice of the refusal of property under economic control or operational management, and of the removal of housing stock from the balance sheet.

According to article 15 of the Housing Code of the Russian Federation, the object of housing rights is a dwelling, and not an apartment building. Consequently, all residential premises should be accounted for by the owners, who are individuals (legal entities) and municipalities. The common property of apartment buildings is in the shared ownership of the owners of premises in an apartment building, so it also cannot be on the balance sheet of housing organizations. Thus, apartment buildings as real estate objects should be written off from the balance sheet of municipal unitary enterprises.

In accordance with the Law of the Russian Federation of July 4, 1991 No. 1541-1 "On the privatization of the housing stock in the Russian Federation", the transfer of the right to own, use and dispose of individual residential premises to a citizen is provided. Despite this, in practice, a situation often arises when an apartment building with privatized apartments continues to be listed on the balance sheet of municipal housing organizations. In this case, the holding company excludes the grounds for their accounting on its balance sheet in accordance with the norms of PBU 6/01. In addition, in accordance with the letter of the Ministry of Regional Development of Russia dated December 20, 2006 No. 14316-RM / 07 "On the transfer of apartment buildings when choosing a management method", residential and non-residential premises, the rights of state or municipal ownership of which were terminated as a result of privatization and other civil legal transactions, in accordance with the legislation of the Russian Federation on accounting, are written off from the balance sheet of unitary enterprises or state and municipal institutions to which they were assigned

on the right of economic management or operational management.

The procedure for the seizure of a house that is under the rights of economic management or operational management from a municipal unitary enterprise (MUP) or a municipal institution (MU), in connection with the termination of the rights of a local government body to it, the choice of a method of management and transfer of the house to the management of the owners or persons authorized by them following:

Removal from balance sheet in MUP (MU) and transfer of KUMI;

Acceptance for balance sheet accounting in the municipal treasury (MC) by the municipal property management body (KUMI).

In accordance with article 15 of the RF LC RF, the house is recorded in the KUMI:

In the register of municipal property;

In accounting KUMI.

It should be noted that in the municipal

education must be approved by a normative act governing the maintenance of the register of municipal property. The persons entitled to amend the register and the necessary grounds for making changes to it should be identified in this document at the local level. Of course, it should be borne in mind that Federal Law No. 131-FZ of October 6, 2003 “On the General Principles of Organization of Local Self-Government in the Russian Federation” referred the issues of establishing the procedure for accounting for municipal property at the federal level. In accordance with paragraph 6 of Article 50 of the said law, such a procedure must be established by federal law. However, before its adoption, one should be guided by the current documents of the municipality when registering municipal property.

The procedure for making changes to the register of municipal property should be continued when the apartment building is transferred to management (HOA, management organization, owners of premises). Thus, the register of municipal property in terms of accounting for housing stock will be gradually brought into line with the existing legislation.

state, that is, to the accounting of municipal property, and not apartment buildings.

In addition, in connection with the transfer of the house to the management of the owners or their authorized persons, premises that are not municipal property may be excluded from the register of municipal property. Therefore, amending the register of municipal property involves the following actions:

Exclusion from the register of municipal property transferred to the management of the house as an object of accounting;

Inclusion in the register of municipal property of municipal premises as accounting objects.

Bringing accounting in accordance with article 15 of the RF LC for municipal balance holders involves the following actions:

Removal from the balance sheet of the house as an accounting object;

Calculation of the cost of municipal premises, if they are part of the house transferred to management;

Acceptance of municipal premises for accounting at the calculated cost.

Since January 1, 2006, the accounting procedure for the property of budgetary organizations has been regulated by order of the Ministry of Finance of the Russian Federation dated February 26, 2006 No. 25n “On Approval of the Instruction on Budget Accounting”. In accordance with this Instruction, the budgetary accounting of the property of the municipal treasury must be kept by the local government (OMS), and account 010100000 "Fixed assets" is intended for accounting of fixed assets, which reflects data on the value, depreciation, acquisition and disposal of treasury property according to the rules, established by the Instruction on budget accounting.

In the absence of property tax benefits at the regional level, the objects of the municipal treasury recorded on account 010000000 as fixed assets will be subject to taxation by the property tax of organizations at the OMS, which is entrusted with the functions of

tions of management and disposal of municipal property.

In the event that the municipal ownership of real estate objects is not registered for local governments, they should be made on the appropriate analytical accounting sub-accounts 010601000 “Investments in non-financial assets” (Letter of the Ministry of Finance of Russia dated February 6, 2006 No. 02-14-10a / 239).

The position of the Russian Ministry of Finance is not indisputable. By imposing on the OMS, which manages municipal property, the obligation to maintain the accounting of the treasury, the Ministry of Finance of Russia thereby imposes on it an obligation not established by law and regulatory legal acts. I would like to note that the OMS acts on the procedure for managing the municipal treasury, which were adopted before the adoption of the relevant instructions by the Ministry of Finance of Russia, reflected a slightly different approach to accounting for treasury property. For this, a register was formed, which reflected the accounting of property, grouped into sections with an indication of a number of characteristics. Thus, at present, the question of the need for accounting of municipal residential premises in the treasury remains open.

Accounting for an apartment building as a management object

As already noted, an apartment building is not an independent object of housing rights. The activities of the HOA and management organizations are to manage an apartment building and provide utilities and housing services. At the same time, residential and non-residential premises, as well as the common property of an apartment building, cannot be on the balance sheet of these organizations. Consequently, neither the HOA, nor the management organization will be payers of property tax and land tax. The opinion of the Ministry of Finance of Russia on this issue is similar: neither HOA, nor municipal organizations should be taken into account on the balance sheet.

private premises, as well as common property (letters of the Ministry of Finance of Russia dated March 25

2006 No. 03-06-01-04 / 08, dated August 10, 2006 No. 03-06-01-04 / 158). However, such property is allowed to be recorded on off-balance sheet accounts. In our opinion, it is advisable to keep off-balance sheet records of common property if it is supposed to transfer the specified property for use to third parties under civil law contracts.

The introduction by the Housing Code of the Russian Federation of a new management object, which is an apartment building and, in particular, common property in this building, leads to the need to consider the features of the legal regime of common property in an apartment building.

Composition of common property

The common property in an apartment building belongs to the owners of the premises by the right of common shared ownership. By general rule the share in the right to the common property of the house (share of participation) is proportional to the size of the total area of \u200b\u200bthe premises (Article 37 of the RF LC), unless, prior to the entry into force of the Housing Code of the Russian Federation, the owners of the premises have not established a different rule by decision of the general meeting or other agreement (Article 15 of the Federal Law dated December 29, 2004 No. 189-FZ "On the introduction of the Housing Code of the Russian Federation").

The composition of the common property of the owners of an apartment building is determined in accordance with article 36 of the RF LC and the Rules for maintaining common property in an apartment building, approved by the decree of the Government of the Russian Federation of August 13, 2006

No. 491. It should be noted that the list of common property established by the Rules is open and for classifying this or that premises as common property, it is important to take into account the following criteria:

Premises should not be part of apartments;

They must be designed to serve more than one room in the home.

In accordance with clause 1 of Decree of the Government of the Russian Federation No. 491, the composition of common property is determined:

By owners of premises in an apartment building - in order to fulfill the obligation to maintain common property;

State authorities - in order to control the maintenance of common property;

Local government bodies - in order to prepare and conduct an open competition for the selection of a management organization in accordance with part 4 of Article 161 of the RF LC.

Local self-government bodies have the right to send inquiries about the belonging of individual elements to common property to the body that carries out state registration of rights to real estate and transactions with it, the territorial bodies of the Federal Registration Service3, the body carrying out activities for maintaining the state land cadastra4, and to the bodies for state registration of immovable property 5.

Registration of the right of the general share

property

In accordance with the Civil Code of the Russian Federation and Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it"

3 Decree of the President of the Russian Federation of October 13, 2004 No. 1315 "Questions of the Federal Registration Service"

5 Decree of the Government of the Russian Federation dated October 13, 1997 No. 1301 "On state registration of the housing stock in the Russian Federation".

property and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in the unified state register.

When entering information about residential or non-residential premises into the Unified State Register of Rights to Real Estate and Transactions with It (USRR), information on the composition of common property is also indicated.

In cases where an object of common property is transferred for use (for example, for rent) to any person or is the subject of other transactions, on the basis of which the right to common share ownership is limited, when building a new object of common property, state registration of rights to this object is required. The procedure for state registration of rights to real estate objects that are common property in an apartment building is established by the Instruction "On the specifics of making entries in the Unified State Register of Rights to Real Estate and Transactions with It", approved by order of the Ministry of Justice of the Russian Federation dated February 14, 2007 No. 29 (hereinafter referred to as the Instruction).

The following persons can submit an application for state registration of the right to common shared ownership to the registering authority:

1) owners of premises in an apartment building;

2) representatives of owners of premises in an apartment building (authorized by powers of attorney, decision of the general meeting of owners, on other legal basis);

3) the chairman and (or) another member of the HOA board on behalf of the general meeting of the HOA members.

Together with the application to the registering authority, (clause 7 of the Instructions) are submitted:

Documents on the formation by a public authority or local government body of a land plot on which an apartment building is located, if the land plot was formed after the entry into force of the Housing Code of the Russian Federation;

The decision of the general meeting of owners of premises in an apartment building on the formation of a land plot on which an apartment building is located (if the land plot was not formed before the entry into force of the Housing Code of the Russian Federation);

Plans of real estate objects, including the cadastral plan of the land plot on which the apartment building is located, as well as the technical accounting document of the apartment building, containing information on the composition of the common property in the apartment building;

Consent to reduce the size of common property in an apartment building of all owners of premises in this building by means of its reconstruction;

The decision of the general meeting of owners of premises in an apartment building on the reconstruction of an apartment building (including with its expansion or superstructure), construction of outbuildings and other buildings, structures, structures;

The decision of the general meeting of owners of premises in an apartment building on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on the use of it, if such a restriction (encumbrance) of the right to common shared ownership is subject to state registration;

The decision of the general meeting of owners of premises in an apartment building on the transfer for use of common property in an apartment building, if the state registration is subject to restriction (encumbrance) of the right of common shared ownership of the property;

An agreement on a new encumbrance of a land plot with the right of limited use between a person requiring such encumbrance of a land plot and the owners of premises in an apartment building, if the state registration is subject to restriction (encumbrance) of the right to common shared ownership of a real estate object.

Entering into the Unified State Register of Legal Entities the size of shares in the right of common shared ownership of an object

real estate of the owners of premises in an apartment building is carried out on the basis of the information contained in the decision of the general meeting of owners for the common property in an apartment building submitted for state registration (Article 15 of the Law on the Enactment of the RF Housing Code, Article 245 of the Civil Code of the Russian Federation).

The certificate of state registration of rights in connection with the state registration of the right to common shared ownership of real estate objects is not issued to the owner of the premises in an apartment building. Such information is included in the certificate of state registration of rights issued to the owner of the premises in an apartment building by entering into it a description of real estate objects and indicating the size of the share in the right of common ownership of it in accordance with paragraph 39 of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with him, approved by the decree of the Government of the Russian Federation of February 18, 1998 No. 219.

Thus, information on the rights to common property objects in apartment buildings will be formed gradually, by making entries in the Unified State Register in cases established by law.

Technical accounting of an apartment building

As already noted, Article 19 of the RF LC provides for the state registration of the housing stock, which includes, among other things, the registration of technical passports for residential premises. It should be noted that the legislation does not touch upon the issue of separate certification of the common property of the house. When changing the management organization, it is advisable to draw up a document that would describe in detail the composition of the common property (an act of the state of the common property). Currently, the basis of such a document can be documents of a technical inventory (technical passport of the house).

Decree of the Government of the Russian Federation of August 13, 2006 No. 491 to the Ministry of Economic Development

development and trade of the Russian Federation (the Ministry of Economic Development of Russia) was instructed to approve, by October 1, 2006, the procedure for determining the composition of the common property of owners of premises in an apartment building and the form of a document for technical accounting of such property. But so far such a document has not been adopted.

Earlier, by order of the Government of the Russian Federation dated June 6, 2005 No. 722-r, the Plan for the preparation of draft resolutions of the Government of the Russian Federation necessary for the implementation of the Housing Code of the Russian Federation was approved. By this order, the Ministry of Economic Development of Russia was instructed to prepare a draft resolution of the Government of the Russian Federation on amendments to regulatory legal acts on state technical accounting and technical inventory in the Russian Federation of real estate in the housing sector, including the form of a technical passport for residential premises.

At the same time, the RF Housing Code, other federal laws, the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, and other regulatory legal acts of the Russian Federation do not give the right to make a decision to the general meeting of owners of premises in an apartment building on the choice of a method for managing such a house and actions to implement this decision, depending on the determination of the composition of the common property of the owners of premises in an apartment building in the manner established by the Ministry of Economic Development of Russia. In the absence of an approved procedure for determining the composition of common property, as well as the form of a document for technical accounting of common property, this accounting is carried out to the extent that is actually possible in practice.

In accordance with clause 24 of Decree of the Government of the Russian Federation No. 491, information on the composition and condition of common property is reflected in the technical documentation for an apartment building, which includes:

Documents for technical accounting of the housing stock containing information about the state of common property;

Documents (acts) on acceptance of work results;

Acts of inspection, checking the condition (testing) of utilities, metering devices, mechanical, electrical, sanitary and other equipment serving more than one room in an apartment building, structural parts of an apartment building (roofs, enclosing load-bearing and non-load-bearing structures of an apartment building, objects located on a land plot and other parts of common property) for compliance with their performance requirements;

Instructions for the operation of an apartment building in the form established by the federal executive body responsible for the development of state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services. The regulation on the development, transfer, use and storage of instructions for the operation of an apartment building, approved by order of the Ministry of Regional Development of Russia dated June 1, 2007 No. 45.

Other documents related to the management of an apartment building include:

A copy of the cadastral plan (map) of the land plot, certified by the body in charge of maintaining the state land cadastre;

Extract from the Unified State Register, containing information on registered rights to real estate objects that are common property;

A copy of the town-planning plan of the land plot certified by the authorized body of local self-government in the established form (for apartment buildings, construction, reconstruction or overhaul of which was carried out on the basis of a building permit obtained after the establishment by the Government of the Russian Federation

forms of the town planning plan of the land plot);

Documents that indicate the content and scope of the easement or other encumbrances, with the attachment of a plan certified by the relevant organization (body) for state registration of real estate objects, on which the scope and boundary of the easement or other encumbrances related to a part of the land plot are marked (if any servitude);

Design documentation (copy of design documentation) for an apartment building, in accordance with which the construction (reconstruction) of an apartment building was carried out (if any);

Other documents related to the management of an apartment building, the list of which is established by the decision of the general meeting of owners of premises.

Other documents include the list of documentation specified in paragraphs

1.5.1-1.5.3 Rules and regulations technical operation housing stock, approved by the decree of the State Committee of the Russian Federation for Construction and Housing and Communal Services No. 170 dated September 27, 2003. It should be borne in mind that the named Rules and Norms for the technical operation of the housing stock are of a recommendatory nature.

For technical documentation for long-term storage, these Rules include:

Acceptance certificates of residential buildings from construction organizations;

Diagrams of in-house networks of water supply, sewerage, central heating, heat, gas, electricity, etc. (a diagram of in-house networks is attached for information);

Boiler house passports, boiler books;

Lift facilities passports;

Passports for each residential building, apartment and land plot;

Executive drawings of ground loops (for buildings with grounding).

The documentation replaced due to the expiration of its validity includes:

Estimates, inventory of works for current and major repairs;

Technical inspection certificates;

Residents' application logs;

Protocols for measuring the resistance of electrical networks;

Ventilation measurement protocols.

Clause 1.6 of the Rules and regulations of technical

the operation of the housing stock obliges the owners of the housing stock or their authorized persons to make timely changes to the executive documentation for the layout of premises, structural elements and engineering equipment resulting from repairs, reconstruction, modernization, redevelopment and improvement of the improvement, with the correction of the technical passport for the house, structure and land plot.

Depending on the method of management of an apartment building, the obligation to store technical documentation for the house lies with the managing organization, the homeowners' association (housing cooperative, housing construction cooperative), the owners of premises in the building6.

The data presented by the organization of technical accounting and technical inventory does not contain all the information necessary to assess the state of common property when choosing a method for managing an apartment building7.

Thus, at present there is a problem of the lack of technical accounting for the common property of an apartment building. Partially the specified problem resolved with the adoption of the Regulation on the development, transfer, use and storage of instructions for the operation of an apartment building8. In accordance with paragraph 4 of the said Regulation, the Instruction includes recommendations

recommendations of the developer (contractors) for the maintenance and repair of common property in an apartment building, the recommended service life of individual parts (objects, elements) of common property. The instruction contains a general description of an apartment building, and, accordingly, the composition and characteristics of common property. At the same time, the development and maintenance of instructions for the operation of apartment buildings applies to apartment buildings, the permission for which was obtained after July 1, 2007.

Consequently, before the adoption of the relevant regulatory legal act, which will approve a unified form of the document for technical accounting of the housing stock, containing information on the state of common property, taking into account the fact that the legislation of the Russian Federation does not establish the right to make a decision of the general meeting of owners of premises in an apartment building on the choice management of such a house and actions to implement this decision, depending on the determination of the composition of the common property of the owners of premises in an apartment building in the manner prescribed by the Ministry of Economic Development and Trade of the Russian Federation, technical accounting of common property is not carried out in full.

Financial accounting of an apartment building

As already noted, due to the fact that residential (non-residential) premises, as well as common property, must be accounted for, there is no need for homeowners, a management company or an HOA to keep accounting records for such property.

6 Part 10 of Article 162 of the Housing Code of the Russian Federation; letter of the Ministry of Regional Development of the Russian Federation dated December 20, 2006 No. 14313-RM / 07.

7 In accordance with clause 15 of the Decree of the Government of the Russian Federation dated October 13, 1997 No. 1301 "On state registration of the housing stock in the Russian Federation", the procedure for accessing and issuing information from the BTI archives is determined by the executive authorities of the constituent entities of the Russian Federation.

8 Regulations on the development, transfer, use and storage of instructions for the operation of an apartment building was approved by order of the Ministry of Regional Development of the Russian Federation dated June 1, 2007 No. 45.

At the same time, one of the functions of the managing organization or HOA, depending on the choice of the method of managing an apartment building, is to control the proper maintenance of the common property of an apartment building.

The reporting information of the homeowners' partnership, the managing organization should include information about the work performed, the services rendered for the maintenance of common property in an apartment building, as well as information about the violations detected during the performance of work and the provision of services, etc. Management organizations should keep separate records of expenses and income for each apartment building that they manage.

The reporting information provided to the owners of a particular house can be reflected in the form of a personal account of an apartment building. The personal account of an apartment building is compiled on the basis of the data of the primary financial statements of the HOA or management organizations, as well as data from technical documentation. In the personal account of an apartment building, it is recommended to reflect information on income and maintenance costs

an apartment building, the provision of utilities, the implementation of other activities aimed at achieving the goals of maintaining and using common property in an apartment building. In the event that owners of premises in an apartment building form special funds (reserve, for the restoration and repair of common property in an apartment building and its equipment), it is recommended to reflect information on the state of these funds in the personal account of an apartment building: a list of special funds, sources of income to special funds, directions use of funds from the funds and the balance of funds at the end of the reporting period. Information about the state of special funds makes it possible to plan the spending of funds from special funds, to control the spending of these funds.

Thus, a personal account is one of the tools for monitoring and evaluating the effectiveness of management organizations or HOAs in managing an apartment building and can be used as a tool for assessing the "financial stability" of an apartment building.

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The applicant does not agree with the refusal to register ownership of land

The applicant does not agree with the refusal to register the right (share in the right) ownership of real estate (other than land)

1. State cadastral registration and state registration of rights to the created building, structure, to an object of construction in progress, if the applicant's right to the land plot on which such a building, structure, construction in progress is located is not registered in the Unified State Register of Real Estate, are carried out simultaneously with state cadastral registration and (or) state registration of the applicant's right to such a land plot, except for the case provided for in part 10 of this article.

2. State registration of rights to the created building, construction is carried out also if at the time of state registration of rights to the created building, construction the term of the lease or gratuitous use of the land plot provided for the construction of these real estate objects has expired, while at the time of commissioning in the operation of these real estate objects, the term of the relevant agreement has not expired.

3. With the simultaneous implementation of state cadastral registration and state registration of ownership of the created building, construction, the state cadastral registration of all premises in such a building, structure, including those related to public property, may be carried out, if the applicant submits a technical plan of the building, structure, containing information necessary for the state cadastral registration of these premises. State cadastral registration of all premises in a building, structure, including those related to public property, is also carried out upon submission of an application by the owner of the building or structure, the ownership of which is registered in the Unified State Register of Real Estate, and the technical plan of the building, structure containing information, necessary for the state cadastral registration of these premises.

3.1. With the simultaneous implementation of state cadastral registration and state registration of ownership of the created building, the structure, the state cadastral registration of all parking spaces in such a building, structure can be carried out if the applicant submits a technical plan of the building, structure containing information necessary for state cadastral registration of these machines. - places. The state cadastral registration of all parking spaces in a building, structure is also carried out upon the submission of an application by the owner of a building or structure, the ownership of which is registered in the Unified State Register of Real Estate, and a technical plan of a building, a structure containing information necessary for state cadastral registration of said places.

4. When carrying out the state cadastral registration of an apartment building, the state cadastral registration of all residential and non-residential premises located in it, including those that make up the common property in such an apartment building, as well as parking spaces located in such an apartment building, is simultaneously carried out.

5. In the course of state registration of ownership of an apartment or non-residential premises in an apartment building, the state registration of a share in common ownership of premises and a land plot constituting the common property in it is carried out simultaneously. State registration of ownership of an apartment building is not carried out.

6. State cadastral registration of premises, parking spaces due to changes in their characteristics or newly created or formed premises, parking spaces located in a building, structure, as a result of the reconstruction of which the parameters of the building, structure (number of floors, area, height, the superstructure, reconstruction, expansion were made), is carried out simultaneously with the state cadastral accounting for changes in the characteristics of such reconstructed buildings, structures in the event that the state cadastral registration was previously carried out with respect to these premises, parking spaces.

(see text in previous edition)

7. Upon removal from the state cadastral registration and (or) state registration of the termination of the rights to a building, structure in connection with the termination of their existence, the removal from the state cadastral registration and state registration of the termination of rights to all premises and parking spaces in such a building, structure ... Removal from the state cadastral registration of an object of unfinished construction in connection with the termination of its existence is carried out simultaneously with the state registration of the termination of rights to it.

(see text in previous edition)

8. Removal from the state cadastral registration of an object of unfinished construction and state registration of the termination of rights to this object, if the state cadastral registration and state registration of rights in relation to it were carried out earlier, are carried out simultaneously with the state cadastral registration of the buildings, structures created as a result of the completion of the construction of this object or all premises or parking spaces in them and state registration of rights to them.

(see text in previous edition)

9. For state registration of the transfer of the right to a dwelling, the technical and economic indicators and parameters of which correspond to the conditions for classifying this dwelling as a standard dwelling established by the federal executive body in charge of developing state policy and legal regulation in the field of construction, architecture , urban development (hereinafter referred to as standard housing), on the basis of a contract for the sale and purchase of such residential premises (hereinafter referred to as a contract for the purchase and sale of standard housing), an extract from the list of citizens entitled to purchase standard housing built on land plots of a single development institute in housing or on land plots, state ownership of which is not delimited and which the unified development institution in the housing sector manages on behalf of the federal executive body in charge of federal property management, transfer for free use or rent for the construction of standard housing, including for their integrated development for the construction of such housing, or rent for construction in the minimum required volume of standard housing, including for their integrated development for construction in the minimum required volume of standard housing and other housing construction, in the manner and under the conditions provided for by the Federal Law of July 24, 2008 N 161-FZ "On Assistance in the Development of Housing Construction". This extract must contain information about the citizen who is a party to the contract for the sale of standard housing.

(see text in previous edition)

10. State cadastral registration and state registration of rights to the created building or structure are carried out on the basis of a permit to enter the corresponding real estate object into operation and a document of title to the land plot on which such a real estate object is located. State cadastral registration and state registration of rights to an object of construction in progress are carried out on the basis of a permit for the construction of such an object and a document of title to the land plot on which such a property is located. State cadastral registration and state registration of rights to the created building or structure, for the construction of which, in accordance with federal laws, a building permit is not required, as well as to the corresponding object of construction in progress, are carried out on the basis of the technical plan of such real estate objects and the title document for the land plot, for where such real estate objects are located, or a document confirming, in accordance with the Land Code of the Russian Federation, the possibility of placing such created structures, as well as corresponding objects of unfinished construction without providing a land plot or establishing an easement.

11. For state registration of the ownership right of a single development institute in the housing sector for residential and (or) non-residential premises in a real estate object created in accordance with a land lease agreement of a single development institute in the housing sector for housing construction, for integrated development of the territory, within which provides, inter alia, housing construction, and (or) for other development of the territory, in accordance with the distribution of the area of \u200b\u200bthe relevant real estate object between the parties to such an agreement concluded in the manner and on the conditions provided for by Article 16.6-3 of the Federal Law of July 24, 2008 161-ФЗ "On Assistance to the Development of Housing Construction", along with other documents provided for by this Federal Law, a document signed by the parties confirming their fulfillment of their obligations under such an agreement, taking into account the agreement provided for in paragraph 5 of part 4 of Article 16.6-3 of the Federal Law and dated July 24, 2008 N 161-FZ "On assistance to the development of housing construction" and containing a description of specific residential and (or) non-residential premises in the specified real estate object.

12. For state registration of the lessor's ownership right to residential and (or) non-residential premises in a real estate object created in accordance with a land lease agreement concluded in accordance with Article 10.1 of the Federal Law of February 25, 1999 N 39-FZ "On Investment Activity in the Russian Federation, carried out in the form of capital investments ", along with other documents stipulated by this Federal Law, a document signed by the parties is submitted confirming their fulfillment of their obligations under such an agreement, taking into account the agreement provided for in subparagraph 3 of paragraph 2 of Article 10.1 of Federal Law of February 25, 1999 No. 39-FZ "On investment activity in the Russian Federation, carried out in the form of capital investments" and containing a description of specific residential and (or) non-residential premises in the specified real estate object.

The issues of registration of a land plot under an apartment building are currently one of the most urgent for Moscow residents.

Do you need to put a fence around the yard? Do you want a playground and guest parking in the yard, rather than a high-rise building built right next to your windows? You don't want paid parking in the yard and the highway passing under the windows? All these issues can be resolved only if the land plot under your apartment building is properly formalized.

And the basic legal norm here is Article 36 of the Housing Code of the Russian Federation, according to which “the owners of premises in an apartment building own, on the basis of common share ownership, common property in an apartment building, namely ... the land plot on which this building is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the indicated land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning. "

This is a basic rule to remember, given the following features:

From what moment do the tenants of the house become the owners of the land plot under such an apartment building (hereinafter - MKD)?

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other immovable property included in such a house are located is transferred free of charge into the common shared ownership of the owners of premises in the apartment building (clause 5, article 16 of the Federal Law RF № 189-FZ dated December 29, 2004, "On the introduction of the Housing Code of the Russian Federation"). In other words, from the date when the land plot under the MKD is put on the cadastral register, the owners of the premises in the MKD (both residential and non-residential!) Become the owners of this land plot. From that moment on, the site is in their shared ownership, and it is not required to obtain separate certificates on paper to confirm this right. According to paragraph 1 of Art. 22 of the Federal Law of 24.07.2007 No. 221-FZ "On the State Cadastre of Real Estate", the state cadastral registration of a land plot is carried out on the basis of a land survey plan.

Summary: from the date of registration of this land plot on cadastral registration.

How does the registration of a land plot under an apartment building begin?

In accordance with the provisions of Art. 16 of the Federal Law of the Russian Federation No. 189-FZ of December 29, 2004 "On the introduction of the Housing Code of the Russian Federation" in the event that the land plot on which an apartment building and other real estate objects that are part of such a house are not formed before the entry into force of the Housing Code of the Russian Federation (that is, before March 1, 2005), on the basis of the decision of the general meeting of owners of premises in an apartment building, any person authorized by the said meeting has the right to apply to state authorities or local authorities with an application for the formation of a land plot, on where the apartment building is located. The formation of the land plot on which the apartment building is located is carried out by state authorities or local authorities.

However, the Constitutional Court of the Russian Federation, in its Resolution No. 12-P of 28.05.2010, recognized the norm as non-compliant, according to which the owner of the premises in an apartment building, who was not authorized to do so by the general meeting of owners of premises in this building, could not apply to state authorities or local authorities. local government with an application for the formation of the land plot on which the apartment building is located. Thus, until recently, only one owner of the premises (both residential and non-residential premises) could apply to the Moscow Property Department (formerly the Moscow City Land Resources Department) with an application for the formation of a land plot for an apartment building.

Now, in connection with the entry into force of amendments to the Land Code of the Russian Federation from 03/01/2015, the formation of land plots for apartment buildings is carried out exclusively in accordance with the approved project for land surveying. In this case, the owner does not need to submit the above statement.

Summary: from the approval of the project for the survey of the quarter in which the apartment building is located.

What is the approval of a block survey project and who approves it?

Approval of a block survey project is a procedure, the purpose of which is to create a land survey plan, on the basis of which the land plot is subsequently put on cadastral registration, that is, its legal "registration" in ownership. Land surveying is, in fact, the process of determining the boundaries of land plots, that is, it is at this stage that it is decided whether a playground will be included in the adjacent territory (that is, in the composition of the land belonging to the owners of apartments in the MKD), whether the road will pass under your windows , will there be parking in the yard, which areas will be recognized as common areas, etc.

The state customer in the development of a land-surveying project is the Moscow City Property Department (hereinafter - DGI). Obviously, the tasks of the DGI are quite predictable - to form plots in such a way that more land was “cut off” from residential buildings and assigned to public land, to the street-road network, which will be registered as the property of the city of Moscow after the survey.

The performer of the land-surveying project is usually some kind of design institute, such as LLC Mordovregionproekt, Research Institute of General Planning and Design, and others like that, who won the competition and concluded a government contract.

Before the approval of the DGI, the land surveying project must go through the procedure of public hearings, which, as a rule, are attended by residents of a particular quarter who are directly interested in this land plot. The conclusion based on the results of public hearings is approved by the District Commission on Urban Planning, Land Use and Development under the Moscow Government.

Summary: in fact, this is the approval by the City Property Department of the boundaries of a specific land plot after their agreement with the interested public.

What is a public hearing and how can I participate?

The City Commission for Urban Planning, Land Use and Development under the Government of Moscow (hereinafter referred to as the City Commission) and the District Commissions on Urban Planning, Land Use and Development under the Government of Moscow (hereinafter referred to as the District Commissions) are authorized bodies for holding public hearings. The city commission is formed at the city level, the district commission at the level of the administrative district. The city commission organizes public hearings less often than the district one, since they concern more global projects: the general plan of the city of Moscow and linear objects, for example, the construction of chords that affect more than one district, etc. The district commission organizes public hearings on a regular basis, as they relate to issues of the district or district scale.

According to the City Planning Code of Moscow, the participants in public hearings are: 1) residents of the city of Moscow who have a place of residence or place of work in the territory within which public hearings are held, and representatives of their associations; 2) the rightholders of land plots, capital construction projects, residential and non-residential premises in the territory within which public hearings are held; 3) deputies of representative bodies of municipalities, on whose territory public hearings are held; 4) deputies of the Moscow City Duma.

The law guarantees the right of every participant in public hearings to familiarize themselves with the final protocol, which indicates who made what proposals at the public hearings.

Public hearings consist of the following stages: 1) publication, dissemination of notice of public hearings (no later than seven days before the opening of the exposition); 2) holding an exposition (expositions) of the project presented at public hearings (hereinafter - the exposition); 3) holding a meeting of participants in public hearings (holding meetings on non-working holidays is not allowed; on working days, meetings begin no earlier than 19 hours); 4) execution of the minutes of public hearings (the deadline for issuing the minutes of public hearings is no more than seven days); 5) preparation and publication of a conclusion on the results of public hearings (within five days after approval, the conclusion on the results of public hearings must be published).

The execution of the final protocol based on the results of public hearings is usually handled by employees of the district government. After that, the protocol is forwarded to the Prefecture of the District. Further, at the next meeting of the district commission, this protocol is considered. An employee of the council reports on how the public hearings went, what comments, how many people came, etc. If the members of the commission have no questions about the minutes, the minutes of the public hearings are approved by the chairman of the relevant district commission.

The next step of the district commission is to draw up an opinion. The conclusion on the results of public hearings is approved by the chairman of the relevant commission. Within five days after the approval, the conclusion on the results of public hearings must be published in the manner prescribed for the publication of official information from the Moscow Government or the relevant territorial executive bodies of the city of Moscow. The conclusion contains recommendations on the feasibility or inexpediency of the project, etc. It is after the approval of the conclusion that the public hearings are considered completed.

How to express your disagreement with the land survey project proposed at public hearings?

During the period of public hearings, each participant in public hearings has the right to submit their proposals and comments on the project under discussion in the following ways: 1) entries in the book (journal) for registering visitors and recording proposals and comments, which is kept during the period of the corresponding exposition; 2) speeches at a meeting of participants in public hearings; 3) entries in the book (journal) of accounting (registration) of the participants of public hearings participating in the meeting; 4) submission of written proposals, comments to the representative of the relevant district commission, city commission during the meeting of participants in public hearings; 5) sending, within a week from the date of the meeting of participants in public hearings, written proposals, comments to the relevant district commission.

Absolutely all proposals and comments received are entered into the minutes of public hearings. The deadline for processing the minutes of public hearings is no more than seven days.

To make sure that suggestions and comments are entered into the minutes, you have the right, with reference to the Moscow City Planning Code, to request that you read the minutes of public hearings and receive a copy of it from the district commission.

How to dispute the boundaries of a "demarcated" land plot under an apartment building?

The legislation allows various ways to protect the violated right in this situation, however, the most common are judicial appeals against the decision to approve the project of the block survey and the requirement to establish the boundaries of the land plot.

The owners of premises in the MKD also have the right to challenge in court, taking into account the jurisdiction of cases according to the rules of the provisions of the CAS RF or Chapter 24 of the APC RF, the actions (inaction) of the authorities on: 1) the formation of the land plot on which this house is located, 2) on the development of documentation for planning of the territory (Articles 45 and 46 of the Urban Planning Code of the Russian Federation), 3) actions preceding the disposal of a land plot, in particular decisions on the provision of a land plot for construction, on holding tenders for the sale of a land plot or the right to conclude a lease agreement for a land plot, etc. ...

In the event that, as a result of such actions of the authority, third parties have the right to a land plot necessary for the operation of an apartment building, the owners of the premises in it can apply to the court to such third parties with a claim aimed at challenging the relevant right, or with a claim for establishing the boundaries of the land.

When considering these claims, the court resolves controversial issues related to the boundaries of this land plot, in accordance with the requirements of land legislation and legislation on urban planning (Part 1 of Article 36 of the RF LC). In this case, the responsibility of proving the circumstances that served as the basis for the formation of the land plot within the contested boundaries and size rests with the relevant authority.

The decision of the court, which established the boundaries of the land plot, is the basis for changing the information about this land plot in the state real estate cadastre.

What should you especially pay attention to when approving a plan for surveying a quarter?

1. It is necessary to periodically visit the website of the government of your district / Prefecture of the district in order to obtain information about the upcoming public hearings - after all, in fact, this is the only opportunity for citizens to express their opinion on determining the boundaries of a land plot by their MKD.

2. Directly when attending public hearings: 1) you need to register in the journal of participants in public hearings. The total number of participants in the public hearing meeting is calculated by the number of those registered in the journal; 2) ensure that all comments and suggestions, even those expressed orally into the microphone, as well as those submitted in writing, are recorded in the minutes; 3) to enter suggestions and comments not "collectively", but from each participant. The fact is that even if 1,000 people sign the collective appeal, the protocol will still indicate 1 received proposal.

When preparing a conclusion, the district commission may consider that for a district with a population of 10 thousand, 1 proposal against the project can be recognized as an uncritical amount, and write in the conclusion: it is advisable to implement the project.

3. If you did not have time for the public hearings or did not know about them, but think that it is necessary to send more collective or individual appeals, then within seven days from the date of the meeting of the participants in the public hearings, comments and suggestions can be submitted to the relevant district commission.

4. To make sure that the protocol is true, you need to apply to the district commission for a copy of the protocol 7-10 days after the public hearing. It is important to have time to study the protocol before the approval of the conclusion, since after the approval of the conclusion by the chairman of the district commission, it will be more difficult to fight injustice. Minutes of meetings of district commissions are posted on the websites of the Prefectures. The minutes indicate what decisions were made based on the results of certain Public hearings.

5. Often from the territory of land plots of residential buildings, green spaces are “cut off” for the road network (UDS). This also means that after approval of the Land Survey Project and cadastral registration, these plots will be registered as the property of the city of Moscow. Theoretically, then the owner (in fact, officials) can do whatever they want with their property: destroy the lawns and expand the road under the windows of residential buildings or arrange paid parking spaces for everyone. To avoid this, residents need to demand in writing to return the lawns to the land plot of a residential building, otherwise they refuse to recognize the legality of the land-surveying project as violating their legitimate interests of the owners and users of the land plot.

6. Any references by designers to the presence of red lines on the road network, which they supposedly cannot "cross", should not confuse you - this is only a project so far, and if the way the red lines pass in the project violates your rights, you need to demand sending a land survey project for revision in order to remove or move the red lines.

Which laws to refer to?

1. Article 36 of the Housing Code of the Russian Federation.

2. Part 1 of Article 16 of the Federal Law "On the Enactment of the Housing Code of the Russian Federation".

3.Article 43, clause 4 of the RF Town Planning Code (the location of the boundaries of the formed and changed land plots is carried out in accordance with town planning regulations and norms for the allotment of land plots for specific types of activities, established in accordance with federal laws, technical regulations; NB (!) Previously, the norm was of the following content - the sizes of land plots within the boundaries of the built-up territories are established taking into account the actual land use and urban planning standards and rules in force during the period of development of these territories).

4. Joint Resolution No. 10/22 of 04/29/2010 of the Supreme Arbitration and Supreme Courts of the Russian Federation (section "Disputes over rights to land plots on which apartment buildings are located")

5. According to clause 2.3 of SanPiN 2.1.2.2645-10, the land plot should provide for the possibility of organizing a local area with clear functional zoning and placement of recreation areas, playgrounds, sports, utility areas, guest parking lots, green spaces.

6. Subparagraphs f) and g) of paragraph 1 of the Rules for the maintenance of common property in an apartment building, approved by the Government of the Russian Federation of 13.08.06 No. 491,
according to which the common property includes:
- the land plot on which the apartment building is located and the boundaries of which are determined on the basis of data from the state cadastral registration, with elements of landscaping and landscaping;
- other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended for servicing one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located.

7. By virtue of clause 5.5 of Section 5 "Functional and planning organization of the territory of a plot of residential, mixed residential development" MGSN 1.01-99, the residential area consists of the area of \u200b\u200bthe foot of the building and the adjoining territory, which includes the following mandatory elements: approaches and entrances to the house, guest parking lots, green spaces with playgrounds and recreation.

8. Decree of the Government of Moscow No. 118-PP dated April 12, 2011, which recognizes the overlap of thousands of sections of the road network (UDS) on residential areas, and states that the identified intersections are eliminated "by reducing the sections of the UDS", however for plots "previously recorded in the state real estate cadastre".

Why do you need to register an apartment?

This is necessary so that the property owner can fully dispose of one's property.

For example, a living space not included in the cadastre cannot be sold or bequeathed.

Who can register a property? The application can be made by the legal owner of real estate, or his representative, who has a notarized power of attorney.

The ways

How to set up a shot. uch. housing in an apartment building? To complete the procedure, you must submit an application and documents to Rosreestr in one of the following ways:

1. At the office of the Cadastral Chamber.
2. At the MFC office (read also about).
3. Send by mail. Sending correspondence will increase the registration period.
4. In electronic form on the official portal of Rosreestr.

   For this everything required documents in electronic form must be signed by means of an EDS (electronic digital signature) certified according to the legislation of the Russian Federation.

   You can find out more about all the requirements for electronic documents on the Rosreestr website.

5. It is also possible field service, in which Rosreestr employees on a reimbursable basis can both accept and issue documents in any place convenient for the applicant.

You can learn about the procedure for obtaining a passport for an apartment through a portal or website from our articles.

Required documents

Rosreestr deals with registration of real estate.

First you need to collect a package of necessary documents.

Need originals or notarized copies following documents:

• an application completed in the prescribed form;
• passport;
• documents that confirm ownership of real estate;
• (Bureau of Technical Inventory). The plan should include a drawing of the apartment and all its premises, and also contain a verbal description.

These documents are submitted to Rosreestr in one of the above ways, followed by their registration.

About what documents are required in Rosreestr, as well as, you can find out on our website.

Time and cost

How much does this procedure cost?

Registration takes place without levying a state duty. The duty is charged only if the production of a cadastral passport is required - 200 rubles for individuals.

You can find out how to get it from our article.

Cadastral registration is mandatory, but not very difficult procedure... To do this yourself, you need to contact Rosreestr.

After 2013, everyone new buildingsare registered by the developer and automatically receive. The owner of such apartments only needs register ownership.

If you find an error, please select a piece of text and press Ctrl + Enter.

After the actual construction of the house, the mandatory stages of its documentary registration begin. Among them - the official permission of officials to put the building into operation, the registration of an apartment building on the cadastral register, and registration of tenants' property rights. In connection with the adoption in 2017 of amendments to the legislation, the procedure for cadastral registration of apartment buildings has changed. Let's take a closer look at it today.

Cadastral registration is a mandatory procedure for all capital buildings in Russia, including apartment buildings. Building cadastral data include:

• type of object (building, room, etc.);
• cadastral number;
• location on the ground (specific address or relative to a landmark);
• area and number of storeys;
• wall material;
• year of commissioning;
• cadastral value;
• some other information, if the MKD is not yet completed.

The purpose of this information is to define an apartment building as a separate object. The listed information is included in a special database - the state cadastre, which in turn is included in the unified register of information about real estate USRN. Carrying out a cadastral registration of an apartment building means determining all the necessary information about the apartment building and entering it into the database.

Attention! Until 2017, there were two separate registers in Russia - the State Property Committee (cadastre) and the USRR (real estate rights). Now they have been united under the general name "Unified State Register of Real Estate", which contains information about both the objects and the copyright holders. In connection with the merger of the registers, cadastral passports were canceled, which are now being issued instead.

Cadastral registration of MKD

The cadastral registration of an apartment building as a finished structure is carried out after the authorities issue a permit for commissioning. After staging, you can formalize the right of the final owner - a citizen, family - to an apartment. This legal procedure is regulated by the Law on State Registration of Real Estate.

Who is applying

The cadastral registration of an apartment building does not occur automatically after commissioning, but at the request of an authorized person. According to the current rules, such a person is the local government (administration, city hall, prefecture), which issued the permission to enter.

The scheme is as follows:

1. After the completion of the construction, the developer applies to the administration, committee, department, which in this locality is in charge of construction issues, for permission to commission.
2. Officials check the submitted documentation and issue permission to enter.
3. Further, within 5 working days, the administration itself sends to Rosreestr an application for registering the MKD on cadastral registration along with a permit for entry.
4. The deadline for cadastral registration in Rosreestr is 5 working days from the date of receipt of the administration's application.

Attention! The administration must attach a technical plan for an apartment building to the application. Rosreestr checks all the documentation and, if there are questions, may suspend the registration period for up to 3 months until the defects are eliminated.

If the administration, for some reason, ignores the obligation to apply for the cadastral registration of the apartment building, the developer can submit such an application. He is not obliged to do this, but to save time he has the right to independently submit the necessary documents. And if the house, then the right to stage belongs to the cooperative.

Unfortunately, now the opportunity to register an apartment building on the cadastral register is not provided to equity holders or cadastral engineers who draw up the technical passport.

Features of registration

An apartment building includes not only a set of apartments, but also common areas (stairs, attics), land under the house and auxiliary premises (for example, a boiler room). How to register these areas is defined in the Federal Law on Real Estate Registration.

At the request of an authorized person (administration or developer), the following are registered simultaneously:

• an apartment building as an object;
• apartments;
• the total area of \u200b\u200bthe apartment building;
• auxiliary premises.

As for the land plot, the rights to it, as a rule, are registered even before an apartment building is registered. After registration of ownership rights, residents of the house will have the right to privatize the adjacent territory. How to do it,.

Registration of rights to an apartment in MKD

After the cadastral registration of an apartment building, the ultimate owner of the apartment in it has the right to register ownership. To do this, he needs to collect documents:

• registration application - filled out at the reception by an employee of the MFC, you do not need to fill out anything in advance;
• DDU or assignment agreement - original, document will be returned after registration;
• deed of transfer for the apartment;
• receipt of payment of the state registration fee 2,000 rubles.

You do not need to provide a technical plan or commissioning permit.

Documents must be handed over to the MFC in person using a passport. After 3-14 days it will be possible to pick up a ready-made extract from the USRN on the ownership of the apartment. At the same time, the ownership right to the share in the common property of the MKD will be registered.

Accounting for MKD in case of a developer's bankruptcy

When a developer goes bankrupt, the construction is frozen, and the equity holders find themselves in a disadvantageous position - they risk losing money and not getting an apartment. There are two options depending on the stage of construction:

• In most cases, equity holders try to get their money back through legal means - participation in bankruptcy proceedings, insurance, or compensation from a compensation fund. ...
• Alternatively, citizens can ask the court to transfer to them the property of the unfinished construction, which is then completed by the forces of the cooperative and put into operation. This makes sense if the degree of readiness of the object is sufficient to complete the construction without large investments.

To receive an unfinished apartment building, it must also be registered in the cadastre. In an unfinished record, in addition to the usual characteristics for buildings, it is indicated:

• design value of technical characteristics;
• the projected purpose of the building is an "apartment building".

The question of who applies for the cadastral registration of the house is decided taking into account the circumstances. The developer himself, after declaring him bankrupt, is not entitled to perform such actions, and the administration is simply not authorized, since it did not issue a permit for commissioning. After the court makes a decision to transfer the unfinished construction to the ownership of the co-operative of equity holders, it is the co-operative that will have the right to submit papers on the setting.

So, the cadastral registration of an apartment building does not require the participation of equity holders - the whole procedure is performed by the authorities or the municipality, which issue a permit for commissioning. You can check whether the house is included in the cadastral register by ordering an extract from the USRN at the address of the MKD location.

Dear Readers! Legislation is constantly changing, therefore, in order to resolve a specific situation, we recommend that you contact the portal's duty lawyer for help. The article contains only general information.

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