Registration of a residential building for cadastral registration

Cadastral registration

Registering an object for cadastral registration means entering information about it into the Unified State Real Estate Register (USRN).
When registering, an object is assigned a unique code - a cadastral number. By this number you can find it among other registered real estate objects. Also, when registering the cadastral register, the characteristics of the object are entered into the Unified State Register of Real Estate, such as area, information about borders, information about the owner, etc. If a real estate object is not included in the cadastre, this means that the state does not recognize it as real estate; accordingly, the property must be disposed of in full least possible. And therefore it is necessary to register both previously recorded and formed objects.

Cadastral registration of real estate objects

Cadastral registration occurs by making entries in the register about property and rights to it. After all, all real estate, transactions related to it and the subsequent transfer of rights are taken into account in the State Property Committee (state real estate cadastre). This provision contributes to the development of civil law, ensuring transparency of transactions. The information contained in the register creates the basis for fair taxation.

With the exception of cases expressly specified in the law, a property is entered into the State Property Committee at the request of citizens and organizations, as well as upon receipt of documents by the registration authority from government entities within the limits of their powers.

Registration of a real estate property with the state cadastral register will be carried out on the following grounds:

acts of authorities indicating the arisen right to real estate, its transfer/limitation or termination, encumbrance of the object;
transactions made with property;
documented process of apartment privatization;
paper confirming the right to inheritance;
court decision that has entered into force;
boundary, technical plan or survey report.

Other documents.

Cadastral registration of real estate objects and their state registration occurs in cases where the object:

is created if there is permission from the authorities for commissioning, in this case information will be entered into the State Property Committee on the basis of this decision without an application;
is formed;
all or part of it ceases to exist, provided that the rights were previously registered in the Unified State Register of Real Estate (USRN).

In this case the right:

arose on created structures or formed land;
transfers/terminates/limited, if there is an encumbrance, etc.

The application form has been developed by the relevant ministry and any other form of application is not permitted. The document can be submitted either on paper on A4 sheets or in electronic form, requiring certification with a qualified electronic signature. Sheets must be numbered. Entries are made in Russian. The rule applies: one application is issued in relation to one object. There may be several signatories if the property is jointly owned. Lines that do not require mandatory completion can be excluded, but when several persons sign, additional columns may be included. The name of the body chosen to submit the application is indicated in full. The appeal provides characteristics of the property, area, type of use, height, volume, etc. When registering residential premises - address, information about all family members under the care of the owner, about persons living with him, minors. Provided that a person is recognized as partially or completely incompetent, the details of the document on the basis of which this is established are indicated. Name, date, number of the paper containing information about the imposition/removal of the seizure, the prohibition to carry out actions with real estate, and the existence of a pledge. The application must include the full name. and passport data, for an organization - its full name TIN (taxpayer identification number), OGRN (main state registration number). The address of the property must match the FIAS (Federal Information Address System).

If the signatory plans to pick up the documents in person, a corresponding note is made about this.

The interested party acquiring the right to the created property may indicate additional information, for example, that he does not have special relationships with third parties that give grounds for the emergence of a proprietary right to the entire object, and if it is a building, then to part of it.

When cadastral registration of a property requires data available to federal, regional or local authorities, the applicant may not provide it, but to simplify the review process, provide the details of the documents and the name of the organization where they are located. The registrar himself will make a request at the interdepartmental level.

If the applicant sold his part in the common shared ownership, then he makes a note that he posted information about the upcoming transaction on the website of the registration authority.

The following is attached to the application:

papers containing information about the right to own property;
materials provided upon request;
documents confirming identity, and in the case of an organization - the authority of the representative;
other data.

A power of attorney signed by a notary will confirm the authority of the representative of the organization. The director acts on the basis of the Charter; in this case, a copy of the minutes of the meeting of company participants is attached. For an individual, when applying in person, presentation of a passport will be a mandatory requirement. If documents are sent by mail, a simple copy is sufficient, since the law does not provide otherwise.

We recommend that you read:

What is needed to register a country house and plot of land for cadastral registration

Title-establishing information will be formalized information that is the basis for the emergence/termination of the right to buildings, land plots, etc. These include contracts and decisions of government or judicial bodies, a confirmed right to inherit, deeds of transfer of organizations.

If the agreement is sent by mail, it must be certified by a notary. The same requirement applies to a transaction for the sale of a share in common property.

The law may specify other documents. For example, a certificate from the developer or bank about partial/full payment of funds under a shared construction agreement if the claim is assigned.

The procedure for registering real estate in the cadastral register is determined by changing or entering information on previously registered property.

Here you need plans prepared by a cadastre engineer:

boundary;
technical.

In the first case we are talking about plots of land. The materials contain information characterizing them: address (if there is none, a description of the location is compiled), category of land, type of use that is permitted, conditional and cadastral numbers of this and adjacent plots. Information about the geodetic basis used, the instruments used for measurement, existing buildings, area. Allotment layout diagram.

The scheme will be valid for 2 years and after this period, registration under it is impossible.

When cadastral registration of buildings takes place, a technical plan is required. It includes two parts: text and graphic. To prepare the first, extracts from the Unified State Register of Land Registration, floor plans of the structure, documented projects, location on the map, etc. are taken. Based on the received materials, the cadastral engineer prepares a drawing on paper and in electronic form, on which all the data is indicated. The contour of load-bearing walls, extensions, door and window openings around the perimeter, etc. The text part contains information about the person who carried out the work, what network was used (support, boundary, state geodetic), names of the instruments used and certificates of their verification, cadastral number, description of structural elements, location of the object.

The result of the work is drawn up in electronic form; an electronic digital signature (electronic digital signature) of the cadastral engineer is required. If you already have a plan, it is enough to indicate the identifying number.

The written text must be easy to read; documents will be returned without review:

filled in with pencil;
having traces of erasures, additions, corrections;
with detected damage leading to the inability to unambiguously interpret the text.

Number of copies provided:

Provided that the transaction was concluded in simple written form, at least two originals of the agreement are presented.
If the transaction has a notarization, at least one original.
When the basis for registration was a decision of an authority or court - one copy of the act.
Other documents are attached in two copies, one of them is original.

Papers can be submitted to the State Property Committee in person or remotely. If the transaction is certified by a notary, the latter can submit the information for registration himself.

We recommend that you read:

Registration of a land plot for cadastral registration

The papers are given directly to:

to the representative offices of Rosreestr;
to the cadastral chamber;
through the MFC (multifunctional center) regardless of the location of the property.

The list of divisions of the above organizations is available on the official website of Rosreestr.

Materials are sent remotely:

By Russian Post with a declaration of value, an inventory of the contents, with a notification of delivery. In this case, the signature on the application is certified by a notary.
In electronic format using the websites of Rosreestr and state. services.

The law states that the only reason for refusal to accept documents is failure to identify the applicant who provided the documents.

If the necessary materials were submitted upon admission, the employee issues a receipt at the time of receipt. When filing remotely, notification of receipt must be sent no later than the next day.

The regulatory framework defines how many days the registration procedure takes.

Regardless of the method of circulation, from the moment the papers are received it is:

When submitting materials for registration of rights in person – 7 working days, through the MFC – 9.
To enter information into the cadastre when submitting it in person - 5, through the MFC - 7.
For registration according to the cadastre and registration of rights when applying in person - 10, through the MFC - 12.
Upon receipt of a court decision, according to which the authority is obliged to enter information into the State Property Committee - 5; seize property, place a ban on transactions, establish a preventive measure - bail in connection with the crime - 3.
According to documents from a notary of a transaction certified by him, a certificate of inheritance, a spouse’s right to a share - 3, in electronic form - 1.
For a transaction submitted through the MFC and certified by a notary – 5.
When registering rights to a mortgage in person – 5, through the MFC – 7.

Regulatory standards provide for a situation where the registration of real estate objects with the state cadastral register is suspended.

The basis for this will be the following factors:

the service was requested by a person who is not the copyright holder;
the presence of a controversial situation between the declared and registered rights;
the submitted package does not contain required documents or those provided contain false information;
the papers do not comply with the requirements in form and content, or the signature on them was made by a person who does not have authority;
the information requested by the registrar upon an interdepartmental request has not been received or is missing;
the transaction or act of the authority that served as the basis for registration was declared invalid or void in a court hearing;
there is no consent of third parties to the completed transaction, if it is expressly provided for by law, etc.;

Registration and state registration are suspended until the deficiencies are eliminated, but for a period not exceeding 3 months.

The law does not exclude the possibility of suspending the registration of rights to an object, but at the same time it can be registered in the cadastral register.

If the reasons for suspension are not eliminated within the specified time frame, registration will be denied.

It is possible to suspend registration actions at the request of the interested party, and the relevant official has the responsibility to inform the applicant about the progress of the procedure. Notifications are sent to the email specified in the application or by message to a phone number. In this case, the deadline for cadastral registration will be postponed until the deficiencies are eliminated.

On the day when a decision is made to refuse or suspend registration actions, a notice is issued or sent to the applicant.

The date of registration and registration of the right will be the day the entry is made in the State Property Committee. A document confirming this fact is an extract, which can be obtained by an individual applying for the service, the director of an organization or its representative under a power of attorney signed at a notary office, or a notary if the transaction was carried out at his request.

Cadastral registration of houses

The procedure for registering houses in populated areas and on agricultural land is different. For houses built on land for individual housing construction (IHC) or personal subsidiary plots (LPH), a notification procedure for registering construction is in effect. A building permit is no longer required, but before starting construction work, the developer must notify the administration of the planned construction.

Upon completion of construction work, the cadastral engineer creates a technical plan for the house, and a similar notification is sent to the administration, but about the completion of construction. After this, the technical plan, along with notifications, is sent to Rossreestr, where the object is registered in the cadastral register and the ownership is registered.

Cadastral registration of unfinished objects

It is also possible to register an unfinished construction project with the cadastral register if construction is postponed for any reason. To prevent an unfinished property from being included in the list of “self-constructions”, the owner sends a notification to the administration about the start of construction. Then the engineer develops a technical plan, where he indicates that this is an unfinished construction project. Registration takes place based on the technical plan. It is possible to conduct commercial transactions with an object registered in the cadastral register.

To register garden houses on agricultural lands, you will only need a technical plan for the house and an extract from the Unified State Register of Real Estate for the land plot. The simplified procedure for registering garden houses can be used until March 1, 2021.

When erecting a building, you should take into account the category of land and the type of permitted use. If a house is being built with the expectation of subsequent registration and residence in it, the object can only be built on land for individual housing construction and private household plots, within the boundaries of populated areas. If the land is used for other purposes, for example, building a garden house on land for individual housing construction, it will not be possible to register it as a garden house.

In order not to make a mistake in choosing a land plot for construction and to eliminate possible problems with subsequent registration of the object, our lawyers advise ordering an urban planning plan for the land plot (GPZU) before starting work. It shows the building area, the distance of the building from the road, neighboring objects and utilities.

The procedure for cadastral registration

There are four options for cadastral registration: contact the MFC, directly the Cadastral Chamber, submit an application via the Internet (on the Rosreestr website) or send documents by mail. Please note that when submitted through the MFC, the processing time for the application increases by several days.

If documents are submitted in person, you must take a receipt. You can track the status of your application through the website. The result of the review will be a notification about the registration of the property with cadastral registration or a refusal in this procedure. If the decision is positive, you can request a cadastral passport.

Refusal to register for cadastral registration

Rosreestr employees will refuse cadastral registration if they find errors in the documentation or the owner does not provide the necessary permission to construct the object. Also, identifying violations during construction and filing an application for cadastral registration by an unauthorized person will lead to refusal.

In such a situation, the owner will be given a decision to refuse cadastral registration, indicating the reason. After correcting the shortcomings, the property owner has the right to re-apply to Rosreestr with a request to register the property for cadastral registration or to go to court to resolve this issue.

We carry out land surveying and draw up technical plans for capital buildings to register objects for cadastral registration. We also develop permitting documentation for the construction of facilities. If necessary, we register the property in the cadastral register and register the property rights in court.

Registration of an apartment for cadastral registration

Advice from lawyers:

1. What documents are needed to register an apartment in the cadastral register?

1.1. Contact the BTI in your city. They will draw up a technical plan for the apartment and register it with the cadastral register. You need to provide title documents for the apartment to the BTI.

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2. If the neighbors are against registering the apartment with the cadastral register, what should you do and why?

2.1. Contact the cadastral office.

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3. The house was rented out. Acceptance of the apartment was successful. The house has not yet been registered with the cadastral register. When do you need to appraise an apartment for the bank, immediately or after registering the house?

3.1. Good afternoon To evaluate an apartment, the appraiser will need a title document for the apartment and an apartment acceptance certificate. After signing the specified act, it can be assessed.

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4. I have the following situation. I want to buy an apartment. I asked the owners for documents. In the certificate of ownership, the date of issue is 01.11.2011 and instead of the cadastral number, it is conditional. By going to the website in the Russian Register, the date of cadastral registration is 2013. Please tell me why the dates are different?

4.1. Hello Olga! Everything fits together. The apartment was registered in 2013 and assigned a cadastral number. Until this time, there was a conditional number. Most likely, the apartment was purchased by the seller a long time ago. The 2011 certificate may no longer be relevant. Request a fresh extract from the Unified State Register of Registered Rights.

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5. The cadastral chamber does not register the new building with the technical committee. There are a lot of mistakes in the plan of the house, but we have signed a transfer and acceptance certificate with the developer, how can we achieve cadastral registration? The shopping center urgently needs to sell the apartment?

5.2. Until the entire house as a single object is registered with the state cadastral register, individual apartments also cannot be registered with the cadastral register. You can sell your apartment only after your ownership has been registered. But registration of such a right in relation to real estate that has not undergone state cadastral registration is not possible. In your situation, the cadastral registration should be carried out by the developer. All complaints are directed at him.

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6. The new building has been put into operation, we have signed the acceptance certificate, but for the 3rd month the house has not been registered in the cadastral register, the TC technical plan has many errors, who should we ask for the implementation of the cadastral registration? And can we register our apartment ourselves?

6.1. It all depends on your developer. You have the right to apply to register property rights.

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6.2. Until the entire house, as a single object, is registered with the cadastral register, it is not possible to register individual apartments. Claims to the developer.

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7. The house has been handed over and registered in the cadastral register. Cadastral No. is not assigned to apartments in the building. We have been waiting for 2 months for a response from the city administration. Are there any legal deadlines for registering apartments on the cadastre? Accounting?

7.1. Assigning house numbering as soon as possible? The administration is not involved in cadastral registration; cadastral registration is carried out by Rosreestr. Go to court about the state's inaction. organ.

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8. The apartment is not listed on the cadastre and neither is the house; the apartment was remodeled. Is it necessary to legalize redevelopment before cadastral registration?

8.1. In order for the property to be legalized in the event of redevelopment, you can use the standard procedure for approving the redevelopment of an apartment, which is described in Chapter 4 of the Housing Code of the Russian Federation, which is valid throughout the Russian Federation. First, you need to obtain a technical passport from the BTI (Bureau of Technical Inventory). It is required in accordance with subparagraph 4 of paragraph 2 of Article 26 of the Housing Code of the Russian Federation. Regarding the BTI plan, officials look at all planned changes in the apartment. It is also necessary to walk through the apartment with this plan and check if there are any differences in the layout. Perhaps someone has already done it before you. Or a BTI mistake was made that must be corrected before repairs are carried out. Next, it is necessary, in accordance with subparagraph 3 of paragraph 2 of Article 26 of the Housing Code of the Russian Federation, to carry out a redevelopment project in an organization that has the appropriate SRO (Self-Regulatory Organization) approval for this. Designers are also obliged to advise you whether there are any violations of construction, sanitary, hygienic and legal standards in your planned redevelopment. Otherwise, if they complete the project with violations in the redevelopment, you will receive a refusal. Next to the local government body responsible for approving the redevelopment. If there is a Multifunctional Center, then documents can be submitted through it. If you need legal assistance, we are located on Yablochkova 16, phone 89518865407 (Whatsapp, Viber) mail We will be happy to help you.

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9. According to the decision of the district court, a private house is divided into 2 separate apartments. The type of permitted use of the land plot has also been changed from individual housing construction to mms. Is a court ruling a basis for cadastral registration? Based on the ruling on the procedure for dividing home ownership, they filed a petition with the court to establish a legal fact for the further determination of the apartments obtained as a result of the division. We got a refusal. Tell me how we should proceed next?

9.1. Good afternoon. It is necessary to see the court's decision in order to answer your question and help you develop a strategy for further action.

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9.2. If the court decision does not indicate: is the basis for cadastral registration, then it is not the basis, contact a cadastral engineer.

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10. What information should (mandatorily) be contained in the notification from the developer about the readiness to transfer the apartment under the DU? Should the notification indicate the number and date of the commissioning permit, the cadastral number of the house or other information confirming the cadastral registration of the property?

10.1. The transfer of a shared construction project is carried out no earlier than after receiving, in accordance with the established procedure, permission to put into operation an apartment building. Those. Without permission to enter, the message is not sent. 214-FZ does not provide for the obligation to indicate entry permission data. But the deadlines for accepting the apartment must be indicated. Cadastral registration may take place much later. It happens.

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10.2. By virtue of the law, a shared construction object is a residential premises subject to transfer to a participant in shared construction after receiving permission to put into operation an apartment building... The notice must contain information about the Permit to put into operation, as well as contact information for agreeing on the date and time of acceptance of the apartment, unless they are expressly stated in the notice. No cadastral number. He confesses later. As an alternative, you can check the availability of the Commissioning Permit on the developer’s website, download it and save it.

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11. Is it possible to cadastrally register and register the right to an apartment in an apartment building (put into operation, but not on the cadastral register) separately from the house, if there is a court decision that has entered into force recognizing the right to this apartment.

11.1. Good afternoon If there is a court decision that has entered into force recognizing the right to this apartment, you can register it with the State Committee for Cadastral Registration and register the right.

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12. ROSRISESTR in the Smolensk region prescribed to change the name of a 4-apartment residential building to a “blocked-type house”, the name of the premises with cadastral number 67:17: to a “block section”. By a court decision, the 4-apartment residential building was recognized as a blocked building. The apartment is a “block section” of a residential building. But Rosriestr now does not register the block section. Neighbors do not have the opportunity or do not want to register. Help me please.

12.1. Receive a written refusal and appeal it in court.

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13. The daughter (Crimean) lives in Ukraine (Ukrainian passport), but has property in Crimea (share of an apartment). Will a power of attorney issued in Ukraine be valid for cadastral registration in Crimea? Thank you.

13.1. Yes, it will be valid if all the characteristics of the object are correctly indicated and it is translated into Russian.

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13.2. Good afternoon. Yes, it will be valid.

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14. The high-rise building is not registered in the cadastral register. The Rosreestr office refuses to register the apartment in this building for cadastral registration, because the BTI does not issue a technical plan for it, since the high-rise building is not registered in the cadastral register. Who to sue and what to demand?

14.1. Hello! It depends what you want.

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14.2. You need to file a lawsuit against the developer and the cadastral chamber to have the house registered in the cadastral register.

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15. Question: an apartment with a mortgage in a new building, the mortgage was repaid simultaneously with the commissioning of the house and registration with the cadastral register. The transfer acceptance certificate has been signed, how can you transfer ownership of an apartment to your adult son without registering ownership in your own name? The burden will be lifted one of these days. What documents must be submitted to the MFC or Rosreestr to register my son’s property? Agreement?

15.1. At the moment, what documents do you have for the property?

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16. Is it legal for the developer to present payment for a fire hatch on the loggia, the area of which is included in the total area of the apartment and is not displayed on the technical floor plan made by the BTI. Documents for cadastral registration are currently being prepared by the developer. The developer refers to measurements taken by BTI.

16.1. The developer's demand is unlawful.

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16.2. Illegal and his demand must be given a reasoned answer, but when paying for the loggia area, was a reduction factor applied?

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17. Bought an apartment in May 1999. Received documents: Sale and purchase agreement, BTI registration certificate. I want to sell my apartment, I applied to the MFS with documents. After 15 days, a response came about the suspension, because... According to the new law, it is necessary that the apartment be registered in the cadastral register. I wrote an application to register the apartment in the cadastral register, but so far there has been no response. Is it legal to register an apartment in the cadastral register and is it possible to sell it?

17.1. Hello. Legal. Without state registry records, it is impossible to confirm the rights of the owner or conduct any transaction with this property. Put it in, you can sell it.

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18. After the death of my husband, I received a one-room apartment in an apartment building that was built, but not registered in the cadastral register, by inheritance. When registering it with Rosreestr, I received a written refusal to register it for cadastral registration, due to the fact that the Developer did not register the entire house with cadastral registration. Is there an article in the legislation that can be referred to in order to register an apartment separately from the entire house for cadastral registration?

18.1. Unfortunately, without installing the entire MK on the KU, it is impossible to put one housing on the KU.

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19. The following is indicated on the public cadastral map. Information: Purpose of the house: apartment building, year of construction 2012, full name of cadastral engineer, registered status, date of registration, form of ownership: property of public legal entities. The city administration said that no permit was issued for the construction of this house. The apartments are all sold. Should residents be afraid of something?

19.1. If a permit to build a house was not issued, then it turns out that this house was an unauthorized construction, Article 222 of the Civil Code of the Russian Federation. If the apartments are sold, have the buyers registered their ownership rights in Rosreestr? If you have registered, then there is nothing to fear. If there was no registration, then problems will arise.

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20. I bought an apartment in a new building while I was divorced. (Agreement on shared construction.) Now the house has been completed and is under construction. The company deals with cadastral registration and property rights, but half a year ago I remarried. Does my husband have the right to this property as joint property?

20.1. Good afternoon If you paid the cost of housing while not married, your husband does not have the right. However, this fact may have to be proven in court if the husband files for division of this property, since ownership will be registered during the marriage. The court in this case should refuse him, however, in order not to get on your nerves, you can conclude a marriage contract in relation to this apartment now, if this is appropriate for your relationship. “Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ.

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20.2. No, it doesn’t, because the right under the share participation agreement was not registered during marriage.

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Is it possible to register ownership of an apartment purchased under a remote control?

We are shareholders of housing cooperatives; certificates of full payment of the share are in everyone’s hands after the statement

We want to adopt a ward, but we don’t have a privatization certificate in our hands,

I signed the acceptance certificate for the apartment, how is the procedure for registering the apartment with cadastral registration?

I contacted the Gotha Register in order to register an apartment (1/5 storey building) with the cadastral register.

I submitted documents for registering the apartment with the cadastral register (Crimea, I have a Ukrainian certificate of ownership for 3 people, 1/3 share for each, and Ukrainian.

The house began to be built in 14, was supposed to be completed in 16, in fact it was completed a year later,

We built an extension to the house (there are 8 apartments in the house) and made a separate entrance.

TELL when registering a privatized apartment in the cadastral register, the right of ownership must be shared by all family members who privatized or maybe just one.

Is there a time limit for the developer to register a new building, which has been put into operation, for cadastral registration?

I bought an apartment in a new building from PIK, the designed area is 77.5 square meters, when receiving the keys I was informed that BTI measurements showed an area of 78 square meters,