Documents are required for the cadastral registration of the structure. Preparation of documents for cadastral registration

11.09.2020

For all participants in the real estate market, the issue of registering ownership of a particular property is always relevant. And the cadastral engineer is the specialist you cannot do without in this procedure. After all, it is he, according to the current legislation, who is obliged to prepare the necessary documents for setting the object on cadastral registration ... The fate of the whole process depends on the qualification level of this specialist: from the quality of preparation of documents to the amount of time spent on interacting with the registering authorities, since any oversight or flaw can lead to the suspension or refusal of cadastral registration. In this material, we will talk about what kind of documents the cadastral engineer prepares and what typical mistakes they usually make, so that both stakeholders, the customer and the contractor, avoid these mistakes in the future. WHAT IS NECESSARY TO REGISTER FOR CADASTRE? Recall that the cadastral registration of a real estate object is carried out in the following cases: - if a new real estate object is formed or created, - if its unique characteristics have changed, - in order to enter into the register previously registered objects (i.e. information about real estate objects, the rights to which arose and did not terminate until the date of entry into force of the Federal Law of 21.07.1997 No. 122-FZ "On state registration of rights to real estate and transactions with it") - and, finally, if the real estate object ceased to exist (in this case, accordingly, the reverse procedure is removal from the cadastral register). The formation of a real estate object is not only a fresh apartment in a house rented by builders. A new real estate object can be created as a result of the division or, conversely, the combination of the property of two or more persons. As for the unique characteristics of an object, they include:  type of real estate object (it can be a land plot, building, structure, premises, an object of construction in progress, a parking lot, a single real estate complex, an enterprise as a property complex);  cadastral number and the date of its entry into the state real estate cadastre;  area;  object address;  description of the location of the boundaries of the property;  description of the location of the real estate object on the land plot, if the real estate object is a building, structure or construction in progress;  the degree of readiness of the object of unfinished construction;  if there are number of storeys - the number of floors, including underground;  for apartments - building floor number; as well as other additional characteristics. All the objects listed in the paragraph "type of real estate object" are in need, since any transactions and procedures with them (purchase, sale, exchange, donation, lease) are possible only with objects, information about which is available in the USRN (unified, consolidated register of real estate ). For cadastral registration as of 2017, the following documents are required: - application of the person concerned and a document proving his identity; - land plot plan (for a land plot); - technical plan (for capital construction objects); - inspection report; - a copy of the document confirming the applicant's ownership of the property; - a copy of the document on changing the category of land and the type of permitted use of the site. Thus, we are primarily interested in the boundary or technical plan and the survey act. To submit these documents to Rosreestr, you must first contact a cadastral engineer and order the appropriate work from him. The first two of these documents must be made at least in electronic form and certified with the electronic digital signature of the cadastral engineer (in paper form it is prepared additionally according to the work contract). The inspection report is drawn up as a result of the inspection of the location of the object in order to confirm the termination of its existence in connection with the death or destruction. It is the cadastral engineer who acts as a kind of intermediary between the interested party and the directly registering authority. The quality of information contained in information resources about real estate also depends on the professional level and quality of work of such specialists. CHOOSE AND CHECK Before concluding a contract with a cadastral engineer, it is advisable to inquire about it. Of course, the best option for a customer is to contact a competent organization that will provide services with a quality guarantee. However, if you decide to choose a specialist yourself, you should first find information about him in the state register of cadastral engineers, posted on the official website of Rosreestr. This is a unified register of the federal level, the number of specialists included in it already reaches 40 thousand. In addition to personal data, it contains information about the availability of certification and the results of the professional activities of specialists. This is the first, basic and obligatory, degree of verification, since a specialist whose data is not in the specified register does not have the right to conduct cadastral activities, and therefore, documents made by him in the registering authority will not be accepted from you, even if they are one hundred percent correct ... In addition, you need to find the name of a specialist in the register of one of the many SROs, since from December 1, 2016, only engineers who are members of such self-regulatory organizations have the right to carry out cadastral activities. However, each cadastral engineer can be a member of only one self-regulatory organization of cadastral engineers. To become a member of an SRO, a candidate must pass a theoretical exam, according to the results of which the specialist is issued a qualification certificate and a registry number is assigned. Also check the specialist's seal when meeting in person. According to the new requirements of the legislation, from December 1, 2016, it must contain the surname, name, patronymic (if any) and the insurance number of an individual personal account in the compulsory pension insurance system Russian Federation ... Other types of seals are invalid. Finally, when signing the contract, make sure that it lists all the types of work performed by the cadastral engineer. The contract must be accompanied by an assignment for the performance of work and an estimate approved by the customer. TYPICAL ERRORS OF CADASTRE ENGINEERS So, the work has been completed according to the contract. However, practice shows that even proven specialists encounter mistakes when preparing documents. As a result, the period of cadastral registration is significantly increased and a lot of additional problems arise. Not to mention the fact that at any of the stages of the approvals in the registration authority, the applicant may be refused if the cadastral engineer has incorrectly completed the documents. The branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Bryansk region in May 2017 analyzed the main mistakes made by cadastral engineers in the preparation of boundary and technical plans, as well as inspection reports. The following typical errors were identified: 1) in the section of the land-plan "Conclusion of the cadastral engineer", the justification for the location of the specified boundaries of the land plot is not provided; 2) the land survey plan provided in electronic form does not ensure the reading and control of the submitted data; 3) there are no copies of documents confirming the powers of the persons participating in the approval in the annex to the land-survey plan; 4) if there are buildings, structures, construction in progress, other objects on the land plot, the cadastral number of such ACS is not indicated in the land plot or, if there is no information about such real estate in the USRN, the previously assigned state registration numbers (inventory or conditional ) contained in the documents at the disposal of the customer of cadastral works; 5) access to the land plot being formed is not indicated on the land plot layout diagram; 6) the landline plan lacks the 6th requisite of the section "Information on the specified land plots and parts" or there are no details of the document on the rights of rightholders of adjacent land plots and the address for communication; 7) in the section "The act of agreeing on the location of the boundaries of the land plot" of the boundary plan, there is no coordination of the internal border with the copyright holder of the specified land plot; 8) in technical terms, there is no act of the state authority or local government body authorized to assign addresses to real estate objects; 9) the technical plan is not certified by the digital signature of the cadastral engineer; 10) there is no act of the acceptance committee confirming the completion of the redevelopment of the living quarters; 11) the address is indicated not in a structured form in accordance with the Federal Information Address System (FIAS); 12) in the technical plan, there is no off-scale drawing (outline) with the designation of the data necessary for the design of the floor plan of the building; 13) the technical plan does not indicate the number and date of the conclusion of the contract for the performance of cadastral works; 14) there are no documents used in the preparation of the survey report. RESPONSIBILITY OF THE ENGINEER However, the legislation protects the rights of citizens. So, the cadastral engineer is responsible for violations of the requirements of federal legislation, including for the inaccuracy of the information of the land-survey plan, on the basis of which information about the land plot is entered into the USRN. If an error is found at the stage of registering a property, the customer will have to go to court. At the same time, on the basis of a court decision, losses caused to the customer are subject to compensation at the expense of insurance compensation under the contract of compulsory civil liability insurance of a cadastral engineer. But in any case, going to the courts is not what you expected, right? The quality of the work of the cadastral engineer is controlled by the self-regulatory organization of which he is a member (see SRO registers). According to the law, a guilty specialist may face a fine of 30 to 50 thousand rubles, or he may be disqualified (a ban on professional activity) for up to 3 years. As you can see, the cost of errors of cadastral engineers is high - not only for the customer, but also for the contractor himself. And therefore, experts advise not to act alone, but in any possible case to unite with neighbors and all together turn to one cadastral engineer. Thus, one person will work on the territory and according to the same methodology and the probability of making mistakes, in particular when clarifying the boundaries, will be minimized. An accidental error that has crept in can also be detected quite easily, right at the stage of preparing documents. Note that for several years they have been trying to solve the difficult situation with errors of cadastral engineers at the state level, trying to introduce the so-called complex cadastral works. The purpose of these works is seen as the centralized preparation of a particular map or plan of the territory. By acting in this way, it is possible to identify cadastral errors that have already been committed, to settle boundaries out of court and to prevent the occurrence of new inconsistencies. However, while we are dealing with individual orders and must be extremely careful to avoid mistakes.

Entering information into the Unified State Register of Real Estate ( The Unified State Register of Real Estate (USRN) appeared in 2017 as a result of the unification of the Unified State Register of Rights to Real Estate and Transactions with It (USRR) and the State Real Estate Cadastre (GKN) into one information resource.

"\u003e USRN) about Cadastral registration is the registration of information about real estate, which confirms the existence of such property with certain characteristics or the termination of its existence. "\u003e may be needed both on its own and together with the registration of rights to real estate.

Only a cadastral record is required if you:

substantially changed the characteristics (for example, increased the area) of a building, structure on a land plot that you own or use on other legal grounds;
demolished a building located on such a site, the rights to which had not previously been registered in the USRN.

Cadastral registration with simultaneous registration of rights to real estate is required if the property:

was created (for example, a private house was built) and, accordingly, earlier With the exception of previously unrecorded real estate objects, in respect of which a permit was issued to enter a capital construction facility into operation (for example, apartment buildings). In this case, the object is put on the cadastral register by the state or local government body that issued the permit."\u003e was not listed in the USRN or was formed (for example, by dividing a plot of land);
ceased to exist (provided that the rights to it were previously registered in the USRN).

If the characteristics of the property have not changed, but its owner has changed, then it is only necessary.

The owner must register the property (regardless of who he is: a citizen of the Russian Federation, a foreign citizen or a stateless person). If the owner is a minor, a legal representative (parent, adoptive parent, guardian, custodian) can act on his behalf. From the age of 14, the child can register the property himself. On behalf of the incapacitated, an application for registration of the right shall be submitted by their guardians. If necessary, you can draw up a notarized power of attorney for a representative.

2. What documents are needed for cadastral registration?

The package of documents that are necessary for registering real estate in the cadastral register depends on what kind of real estate you want to register in the cadastral register - a land plot, a house, a parking lot or something else.

To find out which documents you will need, use the special constructor of life situations on the Rosreestr website.

At home

Veterans of the Great Patriotic War, invalids of the Great Patriotic War, invalids of I and II groups can register the rights to their real estate, using the free service "Outgoing service". A courier will come to them, who will accept an application for registration of rights.

The real estate will be put on the cadastral register within 5 working days from the moment of registration of the application and documents by Rosreestr, and in the case of registration on the cadastral register on the basis of a map-plan of the territory - 15 working days. If, simultaneously with the registration of the cadastral registration, property rights to real estate are registered - within 10 working days from the date of registration of the application. If you submit documents at the "My Documents" center, the terms will increase by 2 working days.

To check the status of consideration of the application, you can use the electronic service

You bought an apartment or received housing as social rent, bought a land plot, you need to go through a mandatory state registration procedure. We will help you find out what documents for cadastral registration must be presented to the owner of the property right. At the end of the registration process, you will receive an official document that confirms your right and registration of real estate in Roskadastra. In this case, an extract from the USRN will become such a generally recognized document. We will help you get a document from the State Cadastre, while our website provides a convenient scheme for ordering information in the public domain for any interested person.

What documents must be presented for cadastral registration

Depending on the category of real estate, the documents for cadastral registration are the same for all owners of property rights in Russia.

Below is a list of certificates and documents that will need to be presented to Roskadastr for state registration of real estate:

Application of the established form. An additional service can be specified in the application - state registration of real estate. Documents can be submitted both to Rosreestr and through the MFC "My Documents". In addition, it is allowed to submit information to Rosreestr through the State Service portal or the personal account of the Rosreestr website.
Identity document - citizen's passport.
If you entrust the registration to a representative, you will need his passport and power of attorney, which has a notarized certification.
Land plot plan or technical plan for housing. We order the certificate from the BTI.
For shared property - agreements on shared participation.
Documents directly related to property law - a contract of purchase and sale, receipt of housing for rent, lease of a land plot, etc.
If there are other documents of title to the land, be sure to attach copies.
If we change the category of land - information about the change in status.
For newly commissioned housing, a certificate of commissioning of the object.
Other documents defining the characteristics of property rights.
Receipt for payment of the state fee for the provision of registration services.

The term for cadastral registration takes no more than 5 working days. But, if you carry out the simultaneous registration of property rights, then the period is increased to 12 working days. Exact time consideration of the application and staging depends on through which channels you submit documents for cadastral registration. The state duty has a difference in status and in the form of appeal, as for legal entities, and for private traders. On our website you can get an extract from the USRN right now, without waiting for the official receipt of information from Roskadastr. The cost of our services also includes a mandatory state fee.

Cadastral registration of a building

In 2017, the rules for cadastral registration of buildings were changed. Now, according to the declaration, even a bathhouse or a shed cannot be put on cadastral registration - you must provide a technical plan of the structure.

Serious difficulties arise for the owners of residential buildings with a residence permit (categories of land IZHS and LPH), because for their registration, a building permit is also required (obtaining a permit can take up to 1.5 months). The rest of the land categories fall under the Dacha Amnesty Law and a building permit is not required.

At the moment, extended until 2020, the expiration date of the dacha amnesty for buildings is already March 1, 2020.

The dacha amnesty simplifies the paperwork procedure. What does it mean? When the amnesty expires, registration of the building will require not only the provision of a technical plan, but also a permit for commissioning.

Another interesting factconcerning unregistered buildings:

At the beginning of 2019, the law "On the conduct of gardening and horticulture by citizens for their own needs", adopted in 2017, will come into force. This law concerns the change of land categories: there will be no more partnerships and cooperatives, summer cottages will be equated with garden plots. The difference between garden and gardening lands is that on lands for gardening, it will not be possible to register (register) any capital structures! Houses already registered on land for gardening will remain in ownership and will not be subject to demolition. Thus, for those who have already built capital structures on land for gardening, a little more than a year is left to register them.

So, in order to put a building on cadastral registration, it is necessary to apply to the MFC or Rosreestr for cadastral registration, documents confirming the payment of state fees and a technical plan of the building, made and signed by a cadastral engineer.

At the same time, often for buildings, registration of property rights is also required, this can be done simultaneously with the registration of cadastral records, since the real estate registration system is now unified. Simply, when submitting documents, an application for registration of rights is additionally written.

Important! A prerequisite for the placement of buildings is the preliminary on which the buildings are located. If the land is not registered, the documents for the land are first submitted, the land plot is registered, only then you can apply for the house.

Building permit

Important: the plot on which you register a house must be cadastral and have a cadastral number!

If you have a land category of individual housing construction or private household plots, then before contacting a cadastral engineer for a technical plan, you need to obtain a building permit. This process takes about 2 months. To obtain permission, you must provide:

GPZU (master plan of a land plot) is issued free of charge. The service is performed within 20 working days, but a topographic survey of the site may be required (This will take another 10 working days and will cost about 22,000 rubles in the Moscow region) - in Moscow, the application is submitted online through mos.ru, in the region through the MFC or through the portal state services of the Moscow region;
SPOSU (plot planning scheme), you can do it yourself or order it from a geodetic company (it costs 8,000 rubles, it is done in 2 working days).

Based on GPZU and SPOZU, we obtain a building permit. The application can be submitted through the MFC or online, the issuance period is 20 working days, the cost is free.

Such an infographic was released in Moscow; for the Moscow region, an application can also be submitted online on the website of the state services of the Moscow region. In any case, you will need to register on the public services website. Only the owner or another person by proxy can apply. However, for the Moscow region, an alternative remains to operate - submitting documents and applications to the MFC.

We attach the obtained building permit to other documents and an application for registration and registration of rights.

The result of registration of the building on the cadastral registration will be an extract of the USRN received by hand (usually 2 copies)

Technical plan

The technical plan is prepared by cadastral engineers. This service will take about 10 working days, it consists of several stages:

a surveyor with GPS equipment will come to you and take measurements of buildings from the inside and outside;
the measurements made are subject to office processing. Based on the results of the work, a technical plan of the structure is being built, which is necessary for registration. The data is written to disk, certified by a cadastral engineer.

It is an informative document that contains the basic parameters about the property. This information is used to amend the Unified State Register of Real Estate. If you refer to official sources, then TP is a business paper, which includes information about a building, structure, premises or construction in progress. Simply put, this is an accurate description of the building with specific drawings and diagrams that are submitted to Rosreestr.

Types of technical plan

Real estate objects are classified according to a large number of characteristics and characteristics. Therefore, land surveyors can develop different technical plans:

apartment in a new building. This document is being developed on the condition that the house has already passed the cadastral registration procedure. Experts measure the object on the basis of the customer's title documents;
redevelopment. The process is based on the accumulation of data on the new area. Here you will need an Acceptance Certificate for the renovation work being implemented + a floor plan. TP is implemented in paper and electronic form;
apartment house. The specialist will need permission to put the house into operation;
a private house. The project includes the measurement of all coordinates of the building, area parameters. From business papers, a permit to put a house into operation is useful;
part of a residential building. This building element must be registered in the cadastre. The work of specialists is related to the detailed measurement of the parameters of the object. To legalize the process, you will need a technical plan for the whole house;
garage, cellar, house in the garden, etc. The work consists of deriving the coordinates of all points of the building. The preparatory stage consists in collecting a certificate from the head of GSK and permission to put the garage into operation;
special structures: pipes, substations, power grids, roads, etc. Calculations are made regarding the characteristics of objects (length, height, depth, area, volume, etc.) The contractor will need to provide permission to put the structure into use, the cadastral passport of the land plot.

According to the legislation, each real estate object must be registered in the cadastre. This provides a complete list of the owner's powers and guarantees them. Without registration, real estate is not recognized as an object of ownership. For this reason, cadastral registration of a house is the primary task of any owner.

House cadastral registration is necessary in the following cases:

at the completion of the construction of a house;
when disposing of a building;
when making changes to the information about the object.

Even when resolving legal disputes, it is on the fact of accounting and data in the cadastre that the characteristics of the disputed real estate object are established, including information about the owner. You can register both a part of a house and a whole house, as well as unfinished buildings as such.

In general, the registration of an object gives the owner the following powers:

the right to own and dispose of the object at your own discretion;
the right to transfer the object as a pledge, including on credit;
exchange it or leave it as inheritance;
implement the object.

Cadastral registration of a residential building in a single database and in the public domain guarantees the protection of owners' rights from violations by third parties (self-seizures, fraudsters, etc.).

So how do you register your home? To begin with, it is worth noting that the registration of private houses, as well as the cadastral registration of an apartment building, is an optional procedure. It is carried out at the request of the owner of the house and in his interests. Due to the above circumstances, it is still recommended to register the house. The procedure itself is not complicated and does not take much time to carry out.

House registration consists of the following steps:

Collection of documents.
The choice of the method of submitting documents to the authorized body.
Payment of the established fee.
Drawing up an application and submitting it in the chosen way.

The collected documents and application can be submitted in the following ways:

direct appeal to the authorized bodies;
through the MFC;
online application submission;
postal service;
the order of the field service of the cadastral authority.

Payment of the state fee is obligatory. At the same time, its amount is different. It all depends on the form of the answer. It consists in issuing a cadastral passport for a private house. So:

When ordering a passport on paper, the fee is 200 rubles.
When ordering a document in electronic form - 150 rubles.

A receipt must also be presented when applying. When applying online, the receipt is shown at the time of receiving the passport.

Changes are often made to the norms of legislation that establish the list of documents for state registration of private houses. To have more reliable information, you need to contact the local branch of Rosreestr or Multifunctional centers of settlements. Registration of a private house is also carried out there.

To register a house for cadastral registration, the following documents are required:

an application according to the established template (issued and filled out on the spot);
a valid and relevant technical plan of a private house;
the document defining the owner's right in the original;
plan of a private house from BTI;
permits for construction works.

It is also necessary to present the owner's passport in original. A copy of the passport is taken on the spot. Otherwise, a copy can be certified by any notary. When carrying out the procedure through a representative, you also need a notarized power of attorney on behalf of the owner.

The accuracy of the submitted documents is checked by an employee of the relevant authority. Upon detection of forgery or inaccuracy of data, the acceptance of documents will be refused.

A technical plan is a mandatory inventory document for any construction project. It contains information, the list of which is strictly defined, and without which it will not be possible to register a private house in a single database of real estate objects.

Unlike the technical passport, which is issued for housing when an apartment building is registered on the cadastral register, in the technical plan of a private house, it is strictly linked to the site. In other words, without a land plot, a private house cannot act as a separate property, which means it cannot be transferred to another owner.

At the same time, the binding is carried out by coordinates and turning points on the territory of land ownership, so that it will be possible to find a private house on an electronic map with 100% accuracy. This ensures not only the individuality of the object, but also guarantees the protection of the rights of the owners.

By general rule it is possible to draw up a technical plan only for completed construction objects. However, in cases where it is necessary to register ownership of an unfinished private house (litigation, sale), the Bureau of Technical Inventory draws up a plan for such an object.

It should be noted that the preparation of a technical inventory plan is carried out exclusively by professional cadastral engineers. A document made by other persons has no official force and cannot be submitted to government agencies.

To obtain this document, you must submit to the BTI:

permission from the administration to put the facility into operation;
project documents drawn up during construction;
if the construction was completed before 2013, you must also submit a technical passport, also drawn up before that date.

If the owner does not have any documents for a private house, then you need to start by filling out a declaration for a new property. Such a declaration is drawn up by the owner himself in order to present it to specialists for processing technical and project documentation.

Consideration of the owner's application and the issuance of a cadastral passport for a private house are carried out in different terms depending on the following circumstances:

when an application for re-obtaining a passport is submitted - 5 days;
when submitting an application for initial registration or making changes to cadastral data - 10 days.

Local administrations of settlements and the authorities of the constituent entities of the federation can independently determine the specified terms. However, they cannot be larger than those indicated above.

When submitting an application and documents through multifunctional centers, it is necessary to specify the time frame in which the center transfers the application to the cadastral chamber. The specified periods begin to be calculated only from the moment the MFC transfers all the necessary documents to the authorized body.

Private house cadastral passport

The result of the registration of a private house is a cadastral passport issued for it. This document contains information about a private house as a real estate object. It indicates the following characteristics of a private house:

intended purpose (living quarters);
location;
availability of utilities (gas, electricity, water);
area size;
number of floors (no more than three);
the number of residential and non-residential premises.

If the parameters of the building change, it is necessary to inform the cadastral chamber about this. For this, a new application is submitted with a new technical passport of a private house. Without this, disputes are possible when changing the owner or paying taxes.

When selling, donating or buying, as well as inheriting a private house, a cadastral passport must be submitted to the registering authority. However, when submitting documentation to government agencies, for one reason or another, it is not necessary to submit a passport of a private house. In turn, employees of state bodies do not have the right to demand it, since it is obtained by the body itself by submitting a request to the cadastral chamber or Rosreestr.

Refusal to register a property

The main rule when receiving a refusal from an authorized body is to go to court. Sometimes the grounds for refusal can be insignificant or mistakenly accepted, so that it is possible to understand it through the judicial authority.

In general, a refusal can be given for the following reasons:

errors in filling out documents;
lack of documents;
submission of an application by an unauthorized person;
illegal construction;
implementation of construction in violation of the law;
the object does not have access to transport routes;
if the house or the plot under it is located on the territory of two districts (settlements) at once.

If the construction is illegal, then it can only be legalized through a court, proving that at the time of construction work it was not possible to obtain permits. It should be borne in mind that objects of illegal construction can be demolished by a court decision.

The reason for the refusal should be provided by the employees of the authorized institution in detail and in writing. If these reasons can be eliminated independently, without going to court, then by making this application, you can re-submit.

Thus, registering a house in a single database of real estate objects and obtaining a cadastral passport is not necessary, but recommended. This allows the owner to publicly declare his rights, as well as openly exercise them in cases of disposing of his home as property.