Start of the process
BTI is a government agency that records and compiles information about real estate, including private houses on citizens’ land plots.
A situation may arise that requires technical documentation for the house.
This:
- Legalization of property rights.
- A transaction for the alienation of ownership of a house to another person.
- The need to connect the house to central communications - gas, electricity, sewerage, etc.
All technical documentation for buildings and premises is stored in the BTI, so a visit to this government agency is indispensable.
Technical documents can be ordered either by the owner of the land plot, or by the user (but rights of use to plots of land have not been formalized in Russia for a long time), or by a legal representative with a notarized power of attorney.
The process of registering a house with the bureau must begin with finding out whether the house is intended for year-round living, and whether registration is possible in it. That is, whether this building is residential.
To register a house, you need to visit the BTI at the location of the building and write a corresponding application.
You cannot do without visiting a specialist technician. Therefore, a time for the visit will be scheduled.
Video: registration of home ownership
The specialist will inspect the premises and compare the data obtained with the existing registration certificate, if it was issued previously.
If there is no such document, then the technician will have to make the necessary measurements and also check the house for compliance with the requirements that apply to residential buildings.
Requirements
The legislation imposes special requirements for a house to register with the BTI:
The sanitary and hygienic suitability of the house, that is, the presence of sewerage in it | and availability of heating |
The house must be electrified | and in some cases, connected to gas |
There must be ventilation | and the house must be connected to the central water supply |
If the house meets these requirements, it can be recognized as residential and permanent registration can be issued in it.
In addition, other specific requirements are imposed on a residential building, which are listed in the Code of Rules SP 55.13330.2011.
For a house to be recognized as residential, it must have:
At least one living room | and kitchen |
Bathroom-toilet and bathroom | pantry or, alternatively, built-in wardrobe |
If the house does not have central heating | it must be a furnace |
Minimum dimensions
In addition to the presence or absence of certain premises in a residential building, the Code of Rules also regulates the minimum dimensions of these premises.
Minimum dimensions established for premises in residential buildings:
Square | has the following dimensions:
|
Minimum height | from floor to ceiling:
|
Minimum width | premises:
|
A BTI specialist, having visited the house that is to be registered, will take the necessary measurements in order to later reflect them in the technical passport for the premises.
If the above minimum dimensions are violated, the house cannot be recognized as a residential premises.
How to measure the area of a country house for the declaration
All you need to do is use a tape measure and measure the length and width of all the rooms. After this, the obtained data is multiplied and we obtain the area of the room in square meters. Next, the obtained data is summarized. Thus, at the output it is possible to obtain the area of the house.
In this case, a number of subtleties and nuances outlined above should be taken into account. This is especially true for reference points for starting measurements. It is also worth taking separate measurements of residential, non-residential and technical premises. Especially if in the future you will need to draw up a technical passport of the premises.
The optimal solution is to use a laser level for measurement. Thus, the error in taking measurements will be reduced to a very minimum.
If the calculation process needs to be performed for laying utilities and heating, you should entrust the process to qualified workers.
How to fill out a declaration for registering a garden house
Attention When determining the total area of a residential premises, a residential building, the following must be included: - the area of niches with a height of 2 meters or more should be included in the total area of the premises in which they are located.
The area of arched openings should be included in the total area of the room, starting from a width of 2 meters; - the floor area under the flight of internal stairs, if the height from the floor to the bottom of the protruding structures of the flight is 1.6 meters or more, should be included in the total area of the room in which the stairs are located; - the area occupied by protruding structural elements and heating stoves, as well as located within the doorway, should not be included in the total area of the premises. When determining the total area of the attic floor premises, the area of this room with a height from the floor to the inclined ceiling is taken into account: 1.5 meters - with an inclination of 30 degrees to the horizon; 1.1 meters - at 45 degrees; 0.5 meters - at 60 degrees or more.
Area of a garden house in SNT
Moreover, calculations can be carried out in different ways:
- independently, in manual mode;
- using a special online calculator.
Self-calculation without outside help, in manual mode, has its advantages - you can thoroughly understand the algorithm itself. But there is a possibility of certain difficulties arising. In addition to contacting specialists who carry out the calculation process, you can simply use the Internet.
Many sites host special online applications on their pages. With their help, it becomes possible to carry out the calculation process without difficulty. It is only important to take into account that the area of the house and the living area are very different concepts. It is very important to understand the terminology used in this case in advance. In this way, the likelihood of problems occurring can be reduced to a minimum.
Registration of a country house according to the declaration
The area of the building also separately includes the area of the open unheated planning elements of the building (including the area of the usable roof, open external galleries, open loggias, etc.).
The area of multi-light rooms, as well as the space between flights of stairs greater than the width of the flight and openings in floors of more than 36 square meters should be included in the area of the building within only one floor.
The area of a room is defined as the sum of the areas of all parts of such a room, calculated by their dimensions, measured between the finished surfaces of walls and partitions at a height of 1.1 - 1.3 meters from the floor.
How to correctly fill out a declaration for a house under the dacha amnesty
Registration in a simplified manner is carried out without carrying out a technical inventory, so an appeal to the BTI is excluded.
Declaration on dacha amnesty In accordance with the instructions of legislative acts, citizens are given the opportunity to obtain ownership rights to houses erected on certain plots of land.
It allows you to own, manage and use this kind of house at the discretion of its owner. Important For example, he can sell a house, give it to someone, transfer it by right of inheritance to any person, including close relatives.
For a garden house Registration of ownership of a garden house is carried out in an application form. Its owner must submit an application requesting the issuance of a title deed for real estate to the territorial branch of the Federal State Enterprise Rosreestr.
Filling out clause 5.1 of the declaration of real estate
Order of the Ministry of Economic Development of the Russian Federation dated September 30, 2011 N 531, registered with the Ministry of Justice of the Russian Federation on November 7, 2011.
N 22231 From the editor: the document is important for builders; it can practically be useful to anyone whose contracts have in one way or another measured the area of any premises.
General requirements for determining areas The area and total area of a building or premises are defined as the area of the simplest geometric figure (rectangle, trapezoid, right triangle, etc.
) or by dividing such an object into simple geometric shapes and summing the areas of such shapes. The value of the area and total area of a building or room is determined in square meters, rounded to 0.1 square meters, and the values of measured distances used to determine areas are determined in meters, rounded to 0.01 meters.
In the future, for their construction it will be necessary to obtain official permission. What objects are included? The legislator established, by the instructions of the above-mentioned act, a list of buildings to which a simplified procedure for registering ownership rights can be applied.
These include: Residential buildings erected on plots allocated for individual housing construction Buildings intended for running personal subsidiary plots, provided they are located on a land plot for the intended use Garden houses built on plots of land allocated for summer cottage construction, for the development of gardening Garages, outbuildings buildings built within a dacha or garden plot, on the territory of individual housing construction, private plots and other types of small houses and outbuildings, the construction of which does not require obtaining a permit.
The said conclusion is requested by the body carrying out state registration of rights from the relevant local government body, if such a conclusion is not submitted by the applicant independently.
However, indicating the cadastral number of the plot in the declaration is mandatory. The area of a real estate property is defined as the sum of the internal dimensions of all premises included in its composition.
If the purpose of a property (building) is indicated as residential, the total area does not include the area of loggias, balconies, verandas, and terraces. For a structure whose area cannot be calculated based on internal measurements, the building area (based on external measurements) is indicated.
If the area (built-up area) of a structure cannot be calculated, paragraph 5.1 of the Declaration of Real Estate for such a structure is not completed.
The measurement of distances used to determine the total area of a residential premises, a residential building, is carried out along the entire perimeter of the walls at a height of 1.1 - 1.3 meters from the floor. When determining the total area of a residential premises or residential building, the following must be included: - the area of niches with a height of 2 meters or more should be included in the total area of the premises in which they are located.
The area of arched openings should be included in the total area of the room, starting from a width of 2 meters; - the floor area under the flight of internal stairs, if the height from the floor to the bottom of the protruding structures of the flight is 1.6 meters or more, should be included in the total area of the room in which the stairs are located; - the area occupied by protruding structural elements and heating stoves, as well as located within the doorway, should not be included in the total area of the premises.
How to calculate the area of a country house for the declaration
It is not advisable to write an application in advance, since you will be asked to write it on the spot according to the template available there. There you can also fill out a declaration form, if necessary, in consultation with specialists of the registration authority.
After preliminary verification and acceptance of the document package, the applicant must be given a receipt and the date indicated when he will need to come for the registration certificate. Verification of all documents and registration usually takes no more than a month.
Of course, going through such a procedure is always associated with certain inconveniences, such as the need to go through authorities, collect the necessary certificates and scrupulously fill out voluminous documents. But the result is worth the time and nerves spent.
Moreover, if you consider that without a simplified “dacha amnesty” scheme, registering real estate is much more difficult.
Therefore, filling it out must be treated with the utmost care, accuracy and seriousness. This document must be filled out with blue or black ballpoint pen ink only. All words must be written legibly and clearly. When entering the necessary data about the registered objects, you must have at hand the documents in which they are registered.
Filling out from memory can play a cruel joke, and the document will not be accepted by the registration chamber. The declaration has fields where each letter or number is written in a separate box. Here you need to be especially careful and take into account that any punctuation mark fits into a separate cell, and an empty cell is left under the space.
Abbreviating words or names is not allowed. This rule does not apply only to current abbreviations of the names of institutions or organizations.
- Tax office on Nakhimov Tomsk
- How to delete an extract from the Russian register
Source: https://dolgoteh.ru/kak-izmerit-ploshhad-dachnogo-doma-dlya-deklaratsii/
Registration with BTI
There are 2 options for registering a residential building on a land plot - before construction, and after it.
Of course, from a legal point of view, you cannot register a house that does not yet exist.
But, you can draw up a project for the future structure, have it approved by the BTI, and after construction go through a simplified registration procedure.
It is more difficult to register a house if it has already been built.
There may be several nuances here:
Area of premises in the house | does not meet the minimum requirements |
The house was built in violation | sanitary, fire and engineering standards |
Land category | does not allow the construction of a residential building on it, as well as other violations |
In any case, you need to visit the BTI at the location of the land plot.
Drawing up documents for a building is of a declarative nature, so you need to write a statement indicating the reason for calling a specialist. You can't do it without visiting a technician!
He will take all the necessary measurements and prepare documents for the house.
After receiving the technical documentation for the building, all documents will need to be submitted to Rosreestr at the location of the house to register ownership.
New building
It is also necessary to visit the BTI to obtain a technical passport.
This is a required document to register ownership of a new building.
In addition, you will need to present a document confirming the assignment of a postal address to the house.
To do this, you must have a building permit. Without this document, the house will not be assigned an address.
Besides. the address of the new house must correspond to the address of the land on which it is built.
In order for the address to be assigned, you must contact the local administration in the department that deals with issues of architecture and urban planning.
You must write an application and attach a copy of the permit, as well as other documents.
A decision will be made within 18 working days. This service is provided to the population free of charge.
To produce a technical passport, you need to call a technician from the bureau. He will take the necessary measurements and draw up a document.
Then these documents can be submitted to Rosreestr for registration of property rights.
Residential building
To register ownership of a residential building that belongs to the secondary housing market, it is necessary to present to Rosreestr employees a document on the basis of which this right arises.
Such a document could be:
- Contract of sale.
- Donation agreement.
- Certificate of inheritance.
- Other documents.
In addition, you cannot do without technical and cadastral documents. they must be registered in the name of the “old” owner, who transfers ownership on the basis of the above documents.
When the ownership of a residential building is registered, the technical passport will need to be “remade” in the name of the new owner.
Zagorodny
A country house intended for year-round living can only be built on lands intended for individual housing construction.
For the validity period of an extract from the BTI with an explanation, read the article:
extract from the BTI
.
How to obtain a technical passport for an apartment via the Internet, read here.
To register ownership of a new country house as a piece of real estate, you must proceed in exactly the same way as in the case of registering the right to a new house.
The list of documents will be similar, but you will need to confirm the category of the site.
That is, you will need to submit a document that allows the construction of a residential, not a country house, on this site.
Dachny
It is worth understanding how a country house differs from a private or country house. The dacha building is not intended for year-round living.
Country houses are located on the territory of a country or garden partnership, that is, on lands not intended for capital construction.
The title document, in this case, will be an extract from the business ledger.
That is, this entry confirms that the applicant is a member of this SNT or DNT.
To register the right to a dacha building, you must visit the BTI at the location of the land plot.
A BTI specialist must come to measure the site and building. As a rule, members of garden and dacha partnerships submit collective applications to register ownership of their dacha buildings.
Having visited the dacha plot, the BTI specialist will take the following measurements and establish the reliability:
Actual address of the site and building | date of construction of the registered building |
How deteriorated is this building? | and the absence or presence of unauthorized redevelopment |
Based on the data obtained, the BTI specialist will be able to draw up:
- explication;
- floor plan of the house;
- technical passport for the building.
As soon as these documents are in the hands of the applicant, he can visit the territorial office of Rosreestr and submit documents for registration of ownership.
Until March 1, 2020, this can be done in a simplified manner, since the law “on dacha amnesty” is in force.
That is, you do not need a building permit, and you also do not need to put the house into operation.
Private
Registration of ownership of a private house occurs in exactly the same way as registration of ownership of a country house.
If the house has not yet been completed, and ownership needs to be transferred to another person, then the house is registered as an unfinished construction project.
Why register outbuildings on the site? (instructions, calculations, explanations)
Officials have set themselves the task of forcing Russians to pay a tax on outbuildings located on private plots; in addition, they periodically try to impose a tax on all country houses and huts in Russia.
But the authorities are hampered by the fact that, by law, the owner of a cottage/bathhouse/shed is NOT obligated to register them with the cadastral register. And without such registration there can be no tax.
Officials at various levels have repeatedly stated the need for forced registration of huts and chicken coops, but so far such “forced” activity is illegal.
Not all buildings are real estate
The Federal Tax Service (FTS), Rosreestr and other departments regularly explain the specifics of registration and taxation of buildings on private land, but this only confuses the situation.
For example, a recent publication on the Federal Tax Service website states that only one outbuilding (with an area of up to 50 sq. m.) existing on the site can be exempted from taxation. Provided that the owner has applied to the tax office for tax exemption for the building.
For all other buildings on the site, the owner must pay real estate tax. Actually this is not true.
Summer residents and cottage owners need to clearly understand that not all buildings they own are REAL ESTATE.
Igor Tsyganash, head of the Rosreestr Office for the Sverdlovsk region:
Let’s say you have a flock (shed), a greenhouse, or a barn on your property. Most likely, they are not real estate objects, since they do not have a capital foundation. These are non-permanent buildings.
There is no need to register them with the cadastral register or register ownership of them. Accordingly, they are not subject to taxation.
Only real estate objects are subject to tax - these are structures firmly connected to the land, the movement of which is impossible without causing irreparable damage to them.
Moreover, as Igor Tsyganash notes, even if the buildings are capital and formally are real estate objects, they will be registered (put on cadastral register) only at the request of the owner. If the owner does not wish, then no one will forcibly register his house, barn or bathhouse.
Tax on outbuildings
As already mentioned, property tax is imposed only on those economic buildings that are included in the Unified State Register of Real Estate and are real estate objects.
Buildings that are not registered as real estate are not subject to tax. Tax rates are set by local governments, so they may vary from municipality to municipality.
In Yekaterinburg, the following rates apply when calculating tax on outbuildings and residential buildings.
Tax on outbuildings for residents of Yekaterinburg
- Construction costing up to 300 thousand rubles. – tax rate 0.1%;
- Construction costing over 300 to 500 thousand rubles. – tax rate 0.3%;
- Construction costing from 500 thousand rubles. – tax rate 2%.
Tax on a private house for residents of Yekaterinburg
- House worth up to 300 thousand rubles. – tax rate 0.1%;
- A house worth over 300 to 500 thousand rubles. – tax rate 0.25%;
- A house worth from 500 thousand rubles. – tax rate 2500 rubles + 1% of the amount over 500 thousand.
Pavel Vanyashin, head of the property taxation department of the Federal Tax Service for the Sverdlovsk region:
In a number of regions of Russia, property tax for individuals is already calculated based on the cadastral value. But the Sverdlovsk region has not yet switched to such a system, since regional authorities have not made the appropriate decision. Therefore, our property tax is calculated from the inventory value of the property.
This is how the tax for 2020 is calculated, which citizens will pay in the current year 2020. The tax for 2018, which will be paid in 2020, will also be calculated. If by the end of this year the authorities decide to switch to the “new” tax, then for 2019 it will be calculated based on the cadastral value.
If there is no resolution, then we count as before - according to the inventory. Well, in 2020, the transition to a new model is mandatory - as written in the law.
The conservatism of the regional authorities unexpectedly allowed Sverdlovsk residents to save on taxes, having built cottages, houses, bathhouses, and sheds over the past four years.
The fact is that information about the inventory value of real estate was received by the tax office from the BTI until March 1, 2013. After this date no information is provided. That is, the Federal Tax Service for the Sverdlovsk Region cannot assess tax on objects introduced after March 1, 2013.
Since there is no data on the inventory value, it means there is nothing to calculate the tax from.
Pavel Vanyashin, head of the property taxation department of the Federal Tax Service for the Sverdlovsk region:
But there are exceptions. There are a number of buildings that were put into operation before March 1, 2013, and the ownership rights to them were registered later. The Federal Tax Service may have information about the inventory value of such objects, so tax is charged on them.
The inventory cost of an object located in Yekaterinburg can be found in the office of the city BTI at the address: st. Weiner, 9a. The cost of the certificate is 1000 rubles. However, the certificate will indicate the cost as of 2013.
Today's value will have to be calculated manually using a deflator coefficient.
The inventory value is calculated based on the degree of deterioration of the building, as well as the materials from which it was built. It is far from the market one.
The cadastral value takes into account the area in which the object is located, infrastructure and other aspects. It is closer to the market price.
The cadastral value of a plot of land or other real estate can be found out using the electronic services of Rosreestr - the Public Cadastral Map and the service for obtaining information about objects online.
Do I need to register the cottage and outbuildings?
As already mentioned, today it is impossible to force the owner to register his property in the cadastral register and register ownership of it.
However, if we are talking about a residential building (on individual housing construction lands or on agricultural lands), then the owner at least has an incentive to legalize his housing.
Until the house has received official status, it is impossible to register in it, it is impossible to connect gas, and in some cases it is impossible to supply electricity. In addition, a person who does not build a house on a plot within 10 years after receiving it (purchase) must pay double land tax.
Pavel Vanyashin, head of the property taxation department of the Federal Tax Service for the Sverdlovsk region:
The rule on collecting land tax with a double coefficient was adopted in 2006. It is clear that she could earn money only after ten years. Citizens who had land plots as of 2006 and did not build residential buildings on them within 10 years paid double land tax for 2020.
There were several dozen such taxpayers in the Sverdlovsk region.
Calculations show that it is usually more profitable for a person to pay a double land tax than a regular land tax plus a tax on a legalized cottage. Today, the average owner of a private land plot pays land tax in the amount of 800-1000 rubles.
(for reference, the tax rate for owners of private plots in Yekaterinburg is 0.3% of the cadastral value). The tax rate for a medium-sized cottage will be several times higher. Still, people who want to save on taxes should understand that an unregistered cottage can bring an unpleasant surprise to the owner.
For example, when the owner decides to legalize the house, he will need to obtain an urban planning plan for the land plot (GPZU) and a building permit from the city administration. But if the administration finds out that there is already a house on the site, they may not give the owner either a GPZU or a building permit.
Then it will be possible to legitimize the construction only through the court, and it is not a fact that everything will work out.
Alexander Shestov, director of Algorithm Law Law Firm LLC:
Owners of unregistered houses may also have other problems: the local government may recognize such a house as an unauthorized construction and decide to demolish it, or administrative liability may be imposed on a citizen in the form of a fine of 2 to 5 thousand rubles for building a house without obtaining permission.
From all that has been said, it follows that it still makes sense to legalize a residential building on the site, although this will result in an increased tax burden. However, if the owner of the plot certainly wants to save on payments to the budget, he can build a house on his land with a total area of no more than 50 square meters. m. No later than 2020, the Sverdlovsk region will switch to calculating property tax based on cadastral value. And then residential buildings up to 50 square meters. m will not be subject to property tax.
As for non-residential buildings (baths, sheds, chicken coops, etc.), you do not need to present a building permit to register them for cadastral registration. That is, the authorities will not be able to prevent the legalization of such objects, even if the owner decides to register the building decades after its commissioning.
Olga Dyachkova, deputy director of the Reforma cadastral bureau:
Typically, citizens register household and other non-residential buildings on the site with the cadastral register only if they intend to insure them. If an object is not registered and does not have a cadastral number, then it cannot be insured.
Insurance companies agree to work only with property that is legally present.
In addition, as noted in Rosreestr, the owner of unregistered outbuildings cannot count on receiving compensation from the budget if this property is damaged during a flood.
Procedure for registering outbuildings
Previously, the METRTV.ru portal published detailed instructions for cadastral registration and registration of ownership of a house located on individual housing construction lands.
Registration of non-residential buildings (baths, sheds, etc.) occurs using simplified technology. The main difference is that outbuildings do not require a building permit.
In general, the procedure for registering outbuildings is as follows.
Step 1.
The owner draws up a declaration of the object, which indicates its main characteristics: dimensions, material, purpose. The real estate declaration form can be downloaded from the Rosreestr portal. However, only the cadastral engineer needs the declaration (it is not submitted to Rosreestr), so you can ask the engineer for the declaration form.
Step 2.
Based on the declaration, the cadastral engineer prepares a technical plan for the property. The cost of a technical plan is usually 8-15 thousand rubles. If there are several real estate objects on the site, then a technical plan is drawn up for each object. Previously, the METRTV.RU portal talked about how to find a cadastral engineer.
Step 3.
Through the MFC office (or the government services website) an application for state cadastral registration and state registration of ownership of the object is submitted to Rosreestr.
The application is accompanied by a technical plan in electronic form, certified by an enhanced electronic signature of the cadastral engineer, as well as a document confirming payment of the state duty in the amount of 350 rubles.
If the land plot is already included in the Unified State Register of Real Estate (USRN), then there is no need to submit papers for the land.
Step 4.
Within 10 days, the applicant receives an extract from the Unified State Register of Real Estate, confirming the cadastral registration of the property and ownership of the property.
The cadastral bureau "Reforma" explained that if a cadastral engineer has doubts whether the registered building is a real estate object (i.e. it is not clear whether the structure is permanent or temporary), then the engineer may request a technical examination report.
Alexey Rusakovich, chief engineer of the Agency for Construction Solutions:
Regulatory documents contain a number of criteria by which an object is classified as a permanent or temporary structure. The presence of a capital foundation and utility networks, including a heating system, are taken into account.
Based on the totality of these criteria, the object will be classified as permanent or temporary buildings. Such an opinion can only be given by a specialist who is a member of a construction SRO. The cost of the conclusion is about 25 thousand rubles.
As cadastral engineers and construction experts admit, citizens apply for such a conclusion in order to prove that their building (bathhouse, utility block, garden house) IS a real estate property in order to register it and formalize ownership.
Citizens do not ask for proof that the building is NOT a real estate property. People simply don't register this object.
Previously on the topic:
- What should the residents of the Urals do, whose cottages on individual housing construction lands suddenly became illegal buildings?
- The new law on state registration of real estate has come into force: key changes
- New dacha law 217-FZ. How will the life of summer residents change on January 1, 2020 and what should be done?
Source: https://zen.yandex.ru/media/id/5a66f0e04bf161cbbaf47acb/5abb4e1a9b403c559dca6f13
Step-by-step registration of ownership
The step-by-step instructions for registering ownership of houses of various categories are as follows:
Visit to the territorial office of BTI | for the production of necessary technical documents |
If there is no cadastral documentation for the building | then you should visit the cadastral service to produce it. Today, the functions of the cadastral chamber are also assigned to Rosreestr |
With all documents you need to visit Rosreestr at the location of the land plot | and submit documents for review |
After the specified period | pick up a certificate of ownership of the building |
If all documents are in order, then registering the right should not take much time - 21 calendar days.
After the specified period, the applicant will receive either a certificate of ownership or a written refusal to register the right.
The refusal must be not only written, but also justified.
List of documents
In order for the registration of property rights to be successful, it is necessary to collect a package of documents.
The absence of at least one document may be grounds for refusal to register the right.
There are basic documents, and there are additional ones that may be required depending on the situation.
The package of basic documents includes:
The application for registration of rights | also a copy of the applicant's passport. If it is assumed that there will be several owners, then copies of passports of all applicants |
Technical documentation for real estate | and cadastral passport |
Construction permit | this document is required to register ownership of a new capital construction house |
Title document | confirming that the applicant has the right to use (from which the right of ownership “follows”) this house and a receipt for payment of the state fee |
But Rosreestr specialists may also require additional documents.
Their list includes:
Consent of the applicant's spouse to complete the transaction | consent must be notarized |
Marriage certificate | if the applicant is a member |
Copies of birth certificates for children under 14 years of age | if they also claim a share of the house |
Permission from guardianship authorities | if minor children or incapacitated citizens are registered in the house. This document is required if the owner alienates ownership rights to another person |
All documents must be submitted in copies and originals. Copies are submitted to Rosreestr, and the originals are necessary to verify the authenticity of the copy.
An exception is a receipt for payment of a fee and a document of title, for example, a gift deed. These documents must be submitted in original.
When accepting documents, a Rosreestr employee prepares a receipt in which he indicates the name of the documents, their quantity, and the date of acceptance.
You need to show up for a certificate of ownership with your passport and this receipt.
If the certificate is collected by the applicant’s representative, he must present a power of attorney (notarized) and his passport, as well as the receipt itself.
Price
How much does it cost to register a building with the BTI and Rosreestr?
The cost of property registration services depends on several factors:
- The type of applicant - is it an individual or a legal entity.
- Did the applicant contact intermediaries to collect documents?
- Notary services for certification of copies and production of powers of attorney.
- On the presence or absence of technical and cadastral documentation.
The cost of the state duty, according to paragraphs. 22 clause 1 art. 333.33 Tax Code of the Russian Federation:
For citizens | 2,000 rubles |
For enterprises | 22,000 rubles |
The cost of intermediaries’ services depends on the amount of work they will have to do to collect documents.
But, on average in Moscow and the region, the cost of their services for registering property rights is from 7 to 25 thousand rubles.
The cost of notary services ranges from 600 to 1,000 rubles for certification of copies of documents and production of various types of powers of attorney.
If neither the site nor the building has technical and cadastral documentation, then the cost of registering property can increase several times.
To obtain a cadastral passport for land, you need to carry out a land survey.
The cost is about 20,000 rubles, the production of a cadastral passport for a plot is about 6,000 rubles.
You also need to prepare technical and cadastral documentation for the building. It costs approximately 20,000 rubles.
Thus, if you hire intermediaries, the cost of services for registering ownership of a building or residential building can rise to 100,000 rubles.
If you do this yourself, the cost will be 2 times lower - about 50,000 rubles.
Therefore, all documents must be completed on time. If you received a plot of land, you immediately submitted the cadastral documentation; if you are going to build a house, complete the design and construction permit in a timely manner!
Registration of ownership of a house occurs quite quickly.
The period for registration with the BTI is about 30 calendar days, provided that all documents are in order.
Otherwise, the process may drag on for several months until all the accompanying documents are ready.
Therefore, you should take care to prepare all documents in a timely manner.
In a number of situations, you may need a package of technical documentation for your home.
It could be:
- legalization of ownership of a housing building;
- the need to transfer ownership in the event of acquisition, inheritance of real estate or receiving it as a gift;
- registration of the design part for connecting the building to a centralized supply of gas, water or heat supply.
And none of these procedures can be completed without providing documentation from the BTI.
How to find out what is included in the living space of a private house, and how it can be calculated
It is especially difficult to calculate the dimensions of the living space of the attic floor or the attic used. In this case, the main parameter for calculation becomes the roof slope. If the roof slope is 27 degrees, the total living area includes only a part of the room with a height of 1.5 meters to the roof.
- If the building has niches whose height is less than 2 m, they cannot be taken into account as part of the living area of the room.
- If the area of the space under the flight of stairs is no more than one and a half meters, it will also not be taken into account when assessing the size of the house.
25 Jan 2020 etolaw 855
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Where to begin?
It is necessary to begin the process of registering a house with the BTI by ascertaining the suitability of the building for permanent residence and registration.
There are a number of special requirements for such housing buildings that they must meet.
Building requirements
The requirements are clearly stated in the Code of Rules SP 55.13330.2011 and indicate that the concept of a residential building means a detached block, single-apartment building or an autonomous block (not having common basement or attic spaces and communications with other buildings) with a complex of premises.
The requirements are as follows:
- at least one room for living;
- kitchen;
- bathroom;
- toilet;
- pantry or built-in closet;
- furnace (if there is no connection to a centralized heating system).
It is also necessary to have such communications as:
- water pipes;
- sewerage;
- heating;
- ventilation;
- wiring.
For houses built in rural areas, amenities are provided outside the building (taking into account all sanitary standards), and drinking water can be collected from the bowels of the earth using a well or borehole.
The intended purpose of the house is individual or single-family occupancy with further permanent, long-term or short-term residence.
According to sanitary standards and fire safety requirements, a residential building must be located no closer than 5 meters from the red line of the street, 3 meters from driveways and the neighboring garden plot.
Minimum dimensions
The minimum dimensions of premises in a house, as well as the requirements for the building itself, are strictly regulated by SP 55.13330.2011.
Thus, the area of premises in the building should be no less than:
- common room for living or receiving guests – 12 m²;
- kitchen – 6 m² (if a gas boiler is installed – 8 m²);
- bedroom – 8 m² (if it is located in the attic floor – 7 m²).
The height of the premises must be no less than:
- living quarters and kitchen – 2.5 m;
- attic floor – 2.3 m;
- corridor and veranda – 2.1 m.
The width of the premises should be:
- in the kitchen area – 1.7 m;
- in the hallway - 1.4 m;
- in the corridors inside the house - 0.85 m;
- in the bathroom – 1.5 m;
- in the toilet - 0.8 m.
Minimum requirements for the dimensions of the interior spaces of a residential building
The composition of the premises of a private house, their size and functional relationship, the layout of the house, the composition of the engineering equipment of your future home can only be determined by you, however, conditions for rest, sleep, hygiene procedures, cooking and eating, as well as for other activities must be created in the house , usually carried out in the home.
- shared living room - at least 12 m2
- bedroom - at least 8 m2
- bedroom (on the attic floor) - at least 7 m2
- kitchen - at least 6 m2, with a width of at least 1.7 m
- bathroom - at least 1.8 m2, with a width of at least 1.8 m
- toilet - at least 0.96 m2, with a width of at least 0.8 m. The depth of the toilet must be at least 1.2 m when the door opens outward and at least 1.5 m when the door opens inward.
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Registration of a house in the BTI
To start registering a house with the BTI in 2020, you must submit the following documents:
- statement;
- the applicant’s passport (if an application is submitted by power of attorney, its original and copy will be required);
- taxpayer identification code.
Further, for each specific case, an additional package of documents will be required.
Residential
To register a house belonging to the secondary real estate market, you must additionally provide a document that certifies ownership of the real estate (sale and purchase agreement, exchange, deed of gift or document of inheritance) and a title document;
New
When issuing a passport for a new building, in contrast to the situation with a residential building from the secondary fund section, to prepare technical documentation instead of documents for ownership of real estate, from 03/01/2015 it is necessary to submit additional documents.
Required:
- technical passport for the building;
- certificate of assignment of a postal address.
A sample of the BTI technical passport is presented here.
Zagorodny
When submitting an application for registration of ownership of a country residential building, the list of additional documentation will look the same as in the case of a new building or a house from a secondary housing stock.
The difference lies in the size of the land plot allocated for development.
Private
The list of additional documents is completely similar to the one that must be provided to Rosreestr when submitting an application to register the ownership of a country house.
Dachny
When registering a house located on the territory of a gardening association, it is necessary to provide an extract from the business register, which will serve as a document on the ownership of the land plot.
After submitting all the necessary documents, a BTI employee must visit the site and document the following characteristics:
- physical address compliance;
- date of construction of the building(s);
- degree of deterioration of the building(s);
- explication;
- floor plan of the house;
- absence of unauthorized redevelopment.
At the same time, the materials from which the walls, floor, ceiling and roof were made, the condition of electrical wiring, sewerage and water supply (if any) are also recorded, and based on all the information, the inventory value of the building is determined.
Within 30 days from the date of completion of all necessary actions, technical documentation for the house must be ready.
Minimum house size for registration of individual housing construction
The permit is issued for 10 years. If during this time the plot becomes the property of another person, then the validity period remains unchanged in this case. The permit must be renewed after 10 years.
51 Civil Code), which is a fundamental requirement. In addition to a residential building, on a site of this type it is permitted to construct outbuildings, install underground utility networks (water supply, sewerage), and planting perennial plants (trees and shrubs).
The procedure for registering property rights
Now that the documents for registering the house with the BTI are in hand, you can begin to register ownership.
For this you will need:
- Statement.
- Cadastral passport and documents granting ownership of the plot of land under the house.
- Technical passport for the house.
- Passport and taxpayer identification code of the applicant (in case of execution of documents by power of attorney - its original and copy).
- A document certifying payment of the state duty.
Here you can apply for registration of property rights, as well as a sample cadastral passport.
In addition to the above list, depending on the situation, it will be necessary to collect an additional package of documents.
Collection of documents
In case of registration of ownership of a new building, among other things, you must provide permission to put the house into operation.
To do this, you need to contact the organization that issued permission to develop the land with a corresponding application.
When signing a purchase and sale agreement you must have:
- ownership of the house;
- consent of the spouse to the alienation of real estate (if it was acquired during marriage);
- if there are registered incapacitated or minor citizens, permission from the guardianship authorities.
When registering ownership rights as a result of a gift, exchange or inheritance of a property, it is necessary to provide a notarized document confirming this fact.
The time frame for obtaining a certificate of ownership is strictly regulated by law and should not exceed 30 days from the date of submission of all documents.
If for any reason an employee of Rosreestr does not accept the documents submitted for registration of property rights, request a written refusal with a detailed reason.
Otherwise, you can consider it as unmotivated and file a complaint with higher management, which will be given 15 days for consideration.
Price
As of today, the price for paperwork will be as follows:
Type of duty | For individuals (RUB) | For legal entities (RUB) |
State fee for registration of ownership of real estate | ||
State fee for registration of ownership of land | — |
The cost of the fee for processing technical documentation at the BTI is calculated based on the area of the house for which the passport is ordered and is purely individual for each case.
Additionally, to the payment of the state duty, you can add an amount of 20,000 rubles, which will have to be parted with if an intermediary company handles the paperwork.
How to calculate the area of a house - calculation formula
In order to correctly measure the living area of a room, you need to carefully measure the length and width of all existing walls in each of the rooms intended for permanent occupancy. This can be done using a construction tape. It is recommended that all measurements be taken accurately and carefully. It will be more convenient if, before taking measurements, you remove everything unnecessary from the rooms so that the space near each wall is freely accessible and then take measurements along the floor plinth. All obtained measurement results must be recorded, along with the obligatory marking of the zone in which they were taken.
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The common area of any household is represented by the total area of all existing parts of the home, including the results of measurements of the sizes of secondary (utility) premises necessary to solve everyday problems. Secondary (auxiliary) areas include the space occupied by the kitchen, corridor, bathroom, toilet, storage room, areas of shelves built inside the walls, as well as the area where the internal staircase is located.
What documents are needed at the BTI to register a house?
will help you prepare any BTI documents necessary for real estate transactions and exercise the full powers of the property owner. Without such documentation, it is often impossible to carry out various operations and real estate transactions.
The BTI confirms the technical condition of the property at a certain stage of time (at the time of applying for a certificate, drawing up a report, passport).
The BTI technical passport is one of the most important documents required for the approval process when remodeling an apartment.
BTI documents
The passport is produced by the BTI organization.
This is a very important document that every owner of a residential property must have at his disposal.
If you ask our company for help in obtaining a BTI passport, you can quickly receive a document that will reflect the following information: The area of the object as a whole and its individual zones; Basic inventory value; Year of construction; Actual address; Time when major repairs were carried out; Availability of communications; The material from which the walls and all interior decoration objects are made.
Registration of a BTI technical passport may be required if you need to obtain a cadastral passport, in the process of purchasing housing with a mortgage loan, for registration in another person’s apartment, in the process of conducting an examination of the technical condition of the apartment.
What documents are needed for BTI
This could be a purchase and sale agreement.
barter agreement. donations. inheritance.
privatization and more. Such a document must be submitted in the original, and after the registration procedure it will be given to you.
Along with the original, a copy of the title document is submitted, which must be certified by a notary.
A copy after registration remains in the BTI.
Passport, IIN and their copies. Copies will be stored in the BTI archives, and the originals will be given to you immediately after checking the copies.
Real estate registration certificate.
Registration of home ownership
It must be three or no more stories in height and intended for permanent residence of only one family.
Scheme for registering ownership of a residential building Registration of private property is carried out by the Russian Register under Federal Law No. 122-F3 of July 21, 1997.
To build a private house and then legalize it, you need to: obtain rights and register the plot of land you are using as your property (or take it on a long-term lease); issue a certificate about the category and purpose of the allotment; obtain a building permit; after completion of construction, draw up an act for putting the new home into operation; obtain documents for private property.
Land Survey Surveying the topographical plan of a plot of land and the surrounding landscape is extremely important for future development.
What documents do BTI need from the owner to register a house?
In order to register, it is necessary to register the land plot on which the house is located with the State Cadastral Register and obtain a cadastral passport.
The second step will be for the owner to contact the Bureau of Technical Inventory or BTI.
- a copy of the certificate for the land plot - a permit for the construction of a real estate property - a resolution on assigning an address from the local administration - a cadastral passport of the land plot - paid by the state.
Where to start
Successful paperwork can be achieved by performing the following steps:
- Contact the BTI to prepare technical documentation for the building, which must be included in the unified register of real estate. It is prepared after specialists have examined the constructed building for compliance with the project and current building codes.
- Request from the city Archbureau to assign an address to the building, based on documents prepared at the BTI.
- Submit an application for cadastral registration to Rosreestr, MFC or the Cadastral Chamber. Its submission must be accompanied by the necessary documentation.
There are situations when a building does not need to be registered. This applies to cases where the building is located on a summer cottage or garden plot.
A country house can be registered by filling out a declaration, which indicates all the characteristics of the object. The simplified procedure is provided for by the dacha amnesty and applies only to dacha houses.
Minimum house size for registration of individual housing construction
According to SNiP 31-02-2001, SNiP 2.08.01-89, as well as RSN 70-88, the minimum sizes for various types of premises are as follows: for a bedroom - 8 sq.m, for a living room - 12 sq.m, for a kitchen - 6 sq.m., for a bathroom - 1.8 sq.m., for a toilet - 0.96 sq.m. SNiP 02/31/2001 Single-apartment residential houses.
If there is already a plot - taken in, or purchased with personal funds - sooner or later the owner will come up with the idea of building some kind of building on its territory. This will not happen without bureaucratic actions.
Step-by-step instructions for registering home ownership
The order of the procedure will depend on the type of structure. After all, registering a dacha is much easier than registering a real country house. But everyone needs to go through the general stages.
Collection of documentation
Today, the majority of owners of dacha plots build full-fledged dwellings on them, including due to their simple registration, that is, due to the dacha amnesty.
To register you will need:
- identification;
- duty payment receipt;
- documents for the site;
- simplified registration declaration form.
Other papers may be requested by service employees only if there are justified claims regarding the legal purity of a particular situation.
To register a residential premises you must:
- a document confirming the transfer of powers to the applicant, this may be a sales agreement, deed of gift, certificate of inheritance;
- permission to operate the building;
- technical documentation for the house;
- cadastral passport for the land and buildings on it;
- passport of the applicant;
- administrative acts of the local administration for renting a plot;
- certificate of authority for the allotment;
- notarized power of attorney, when the interests of the owner of the object are represented by a trusted person;
- payment document confirming payment of the duty.
If the land was not registered with the relevant authority before construction work, then its registration will be carried out along with the house.
Contacting the registration service
This should be a division at the location of the house - Rosreestr or MFC. There are situations when you will need to submit a document certified by a notary.
This is necessary if the house is registered:
- inherited;
- previously in shared ownership.
Payment of state duty
This can be done at the bank's cash desk or at self-service terminals. At the MFC these are located right in the building, where employees will provide assistance with payment.
Receiving a receipt for accepted documents
After submitting the documentation, a receipt is given to all services, which sets the day the final decision is received.
Using the request identification number, you can track the status of the application on the registration services website.
The duration of the procedure will depend on the body to which the application was submitted. The MFC will have the longest period, since it does not perform registration actions, but only receives and sends information to the appropriate service, in this case, to Rosreestr.
Issuing an extract
On the appointed day, the applicant will be presented with an extract indicating that the procedure has been completed and information about the object and owner has been entered into the Unified State Register.
At the beginning of 2020, a new law came into force that abolished certificates of title. Information about all real estate objects is entered into the register and stored there. If necessary, you can always request an extract about the property you are interested in.
Registration of property rights today is the process of making changes to the Unified State Register about the new owner or entering information about the built house.
Minimum house area for registration
4.5 The height (from floor to ceiling) of living rooms and kitchens in climatic regions IA, IB, IG, ID and IIA (according to SNiP 23-01) must be at least 2.7 m, in the rest - at least 2.5 m. The height of living rooms, kitchens and other premises located in the attic, and, if necessary, in other cases determined by the developer, is allowed to be at least 2.3 m.
In order to reflect all the contents of SP 54.13330.2011. we don’t have enough time, and you don’t have enough attention, especially since you can read the full text here, and it’s quite difficult to understand. Therefore, we will limit ourselves to a compilation of useful material related to our topic - the minimum area of apartment premises. First, let's go through the standards for the minimum area of the apartments themselves.
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