Who should register an apartment in a new building for cadastral registration?

Registration of an apartment in a new building for cadastral registration

The most logical and effective way is to go to court in order to speed up the cadastral registration of a new building.
You should not be afraid to take such a step, because many shareholders seek justice in obtaining ownership of real estate in this way. True, with one caveat: their interests, as a rule, are represented by competent lawyers. Our lawyers are fully capable of this type of task. In order to act as the real owner of the living space, it is not enough to have the keys to it and even live in it. You can become the legal owner only after the certificate of ownership is ready. Without this document, it is impossible to dispose of square meters at your own discretion: sell, bequeath or donate.

New rules for cadastral registration of apartments in a new building

The requirement to register ownership of an apartment in a finished building is presented to the arbitration court when a bankruptcy case is initiated for the developer. In addition, participants in shared construction have the right to demand the transfer of the finished object to them in the courts of general jurisdiction, if bankruptcy proceedings have not yet been introduced against the developer.

Cadastral registration of an apartment in a new building is one of the mandatory steps in confirming the owner’s rights to a newly built object. The obligation to undergo cadastral registration can be assigned to both the developer and the buyer of new housing, this depends on the specifics of the construction of the property.

Register the apartment with deadlines

State registration of the agreement for participation in shared construction, concluded by the developer with the first participant in the shared construction of an apartment building and (or) other real estate, is carried out within ten working days from the date of receipt of the application and documents required for state registration of the agreement for participation in shared construction, the obligation to the submission of which is entrusted to the applicant, state registration of subsequent agreements for participation in shared construction of the same apartment building and (or) other real estate is carried out within a period of no more than five working days. After completion of construction, the cadastral registration of an apartment building must include the simultaneous cadastral registration of all premises in this building (Part 4.1 of Article 25 of the Law of July 24, 2007 No. 221-FZ), i.e.

In general, since 2013, the procedure for registering a new building with the cadastral chamber includes the simultaneous registration of residential and commercial premises. Accordingly, the shareholder does not need to independently prepare the document. However, the developer may delay the process and, if a citizen wants to quickly obtain ownership rights, it is worth resolving the issue on his own.

08 Feb 2020 juristsib 715

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Why doesn't the developer register the house with the cadastral register?

Rosreestr does not have the technical capabilities to process a huge number of documents that are submitted to multifunctional centers. In addition, this government agency lacks employees. Therefore, today there are companies that provide registration services for any real estate in all instances. Registration of an apartment in a new building with the help of the services of such a company in the cadastral register occurs if all the necessary papers are available.

Every day a large number of people involved in shared-equity construction apply to the judicial authorities. They come with complaints against the construction organizers, the essence of which is that the developer organization does not register the house or apartment with the cadastral register. Experts explain this by the inability to obtain a registration number without documents, the production of which requires financial expenses. Unexpected spending of money is of no interest to development organizations, so they do not take any action.

Cadastral registration of housing: more problems for shareholders

And on October 1 (after Federal Law 250 came into force), another innovation appeared: apartment buildings and all the premises located in them must be registered in the cadastral register at the same time. It would seem that the problem is solved. But the same 250-FZ made it possible for buyers of new buildings to independently carry out cadastral registration of their apartments, without waiting for the entire house to be registered. “The building is registered in the cadastral register along with all the premises located in it (apartments, buildings, public facilities). However, an exception was made specifically for apartments - they can be registered earlier than the house itself,” explains Sofya Sokolova, a lawyer in the real estate and investment practice.

We recommend reading: Where to look at the inventory value of an apartment

“In accordance with Part 3 of Article 8 of Law 214-FZ, a permit to put the house into operation is sufficient to transfer an apartment. That is, the shareholder has the right to refuse to sign the acceptance certificate of the apartment only if the share participation agreement specifically provides for the developer’s obligation to register the premises with the cadastral register,” says Vera Ryabova.

Registration of new building ownership

Identity card for shareholders - passport for applicants over 14 years of age and birth certificate for minors, power of attorney with the participation of a representative
Application for registration of property rights. This document will be prepared for you by an MFC specialist. (Rosreestr no longer accepts applications, the MFC has instructed) Minors over 14 years of age submit applications independently, but in the presence and with the permission of a legal representative - parent, guardian, adoptive parent
The act of acceptance and transfer of ownership of the apartment in a number of copies equal to the number of shareholders plus one to Rosreestr.
Equity participation agreement (DDU on paper, no need to provide electronically)
Pay the state fee for registering property rights 2000.0 rubles. If shared ownership is registered - in equal shares for everyone according to their personal passport. The legal representative pays for minors.
Marriage contract - when registering shared ownership of legal spouses

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Registration of new building ownership

Registration of ownership of a new building : The document of title (establishing ownership) that confirms the emergence of the shareholder's right of ownership is the Certificate of Acceptance and Transfer of Ownership of the Apartment.

You can complain to the prosecutor's office about the inaction of officials and violation of the law when putting the house into operation. At the same time, you can complain against the developer if he has not submitted the necessary documents, but this is only if his company is still alive and has not been liquidated.

State registration of housing: innovations-2013

From January 1, 2013, the procedure for state registration of commissioned objects, including apartment buildings, has changed. The updated procedure up until October looked like this. First, the developer ordered a technical plan of the house from the body responsible for technical inventory or from the cadastral engineer. Then he put the object on the cadastral register. After assigning a cadastral number to the house, the second stage began: it was necessary to order separate technical plans for each residential and non-residential premises in the building and also put them on cadastral registration. Only after this, apartment buyers were given the opportunity to register ownership rights to the purchased housing in Rosreestr.

From the beginning of January to the end of September this year, the market experienced a kind of transition period: the registration of apartments with cadastral registration was left to the discretion of developers. Many construction companies saved money: they ordered measurements and a technical plan of the building from a cadastral engineer, received the cadastral number of the property and considered their obligations to customers fulfilled. According to the Federal State Budgetary Institution FKP Rosreestr, since the beginning of the year, 44 houses have been registered in St. Petersburg, but cadastral passports of individual premises have been issued in only half of them.

The register is your friend

Rosreestr responded to our request that the house must be registered by the developer. Although there are stories on the Internet about situations where new residents managed to register their apartment on the cadastral register on their own, including through the court, we are usually talking about “old” houses built several years ago. This process is slow and it is not a fact that Rosreestr will agree with such initiative.

Rosreestr explains:

Since 2020, the new law on real estate registration provides for the obligation of state authorities and local governments authorized to make a decision on issuing a permit to put a capital construction project into operation to send an application to Rosreestr no later than five working days from the date of such a decision. state cadastral registration and documents attached to it (including permission to put a capital construction project into operation).

(That is, Gosstroynadzor receives all the documents necessary to put the facility into operation and register it with the cadastral register. - Ed.)

Rosreestr, within five working days from the date of receipt of the application, enters information into the Unified State Register of Real Estate (USRN) about all premises located in an apartment building (including those constituting the common property in an apartment building, as well as premises for auxiliary use), including information about the location in building and area of such premises, as well as parking spaces. If there are comments on the technical plan, the cadastral registration procedure is suspended until the reasons for the suspension are eliminated, but for no more than three months.

For state registration of the rights of a participant in shared construction to a shared construction project, the following is required:

Application - submitted to the offices of the MFC or Rosreestr;

An original copy of the agreement for participation in shared construction or the agreement on the assignment of rights of claims under the agreement for participation in shared construction, which, after state registration of the right, is returned to the copyright holder;

Transfer deed or other document on the transfer of a shared construction project;

Pay a state fee of 2000 rubles.

The shareholder does not need to submit permission to put into operation an apartment building. When state registration of ownership of an apartment or non-residential premises in an apartment building is carried out, state registration of the share in the right of common ownership of the premises and land plot constituting the common property in it is simultaneously carried out.

There are often cases when responsible developers are unlucky and end up in a cadastral trap. The reason lies not only in the negligence of builders and companies that prepare documents, but also in the imperfection of legislation, which is constantly changing, in the inability of Rosreestr to effectively perform its functions, the volume of which, let’s be honest, is enormous. For example, in the middle of last year, new “Requirements for determining the area of a building, structure and premises” came into force. And despite the fact that Gosstroynadzor and Rosreestr actively warned developers about the changes, some did not have time to adapt their documentation, which led to refusals of registration by Rosreestr.

For example, at the end of last year, one of the largest St. Petersburg developers was unable to register several buildings in its projects commissioned in the Vsevolozhsk district of the Leningrad region. The reason is errors in the technical documentation provided to Rosreestr.

Objects mentioned

Residential complex

"Desyatkino"

Norman

Organizations mentioned

Company

Norman

Rating C-/14 properties

One more example. The Normann company received permission to commission the first stage of the Desyatkino residential complex, which was revoked a couple of weeks later. The authorities of the Leningrad region ambiguously hinted that this happened because the company refused to take part in the construction of social infrastructure, but such reluctance could not become a legal reason for revoking the commissioning permit. After checking the documents, it turned out that Normann was trying to rent out an object with an area of almost 15 thousand square meters. m less than stated. The company claimed that 22% of the houses fell out of circulation due to different calculation methods used by designers and cadastral engineers. The shortage occurs due to internal walls, partitions, flights of stairs and other things that are not taken into account when measuring finished houses. In addition, corrections were found in the city plan drawings of the site, which were made by the chief architect of the Murinsky joint venture, to which he had the rights. Later, all these “technical errors” were corrected - and the developer agreed to invest in social infrastructure, having received the long-awaited document for commissioning.

Who should register an apartment in the cadastral register?

If the house is built and the developer has received a certificate of ownership, then his responsibilities include registration of the apartment. If the house is still under construction and an agreement on the assignment of rights under the DDU has been signed, then after signing the transfer and acceptance certificate, all the registration will fall on your shoulders.

Conditions for registering ownership of an apartment according to DDU

If the problem is failure to meet the delivery deadline , the shareholder has the right to sue the company, demanding a penalty in accordance with the agreement. All other problems that impede the registration of housing are also resolved through the courts.

State duty

Thus, immediately after the conclusion of the transfer and acceptance certificate, the housing will be the property of the shareholder . But often the developer does not want to fulfill his duties or draws up cadastral documents for too long.

Cases of bankruptcy of developers or cessation of construction work can significantly violate the rights of citizens, since they do not receive ownership of a finished object for which they have already paid their own money. For such exceptional circumstances, the state has provided a mechanism for cadastral registration and registration of rights to objects of unfinished shared construction.

Cadastral registration of an apartment: necessary documents

In addition, registering an apartment involves issuing the necessary package of documents, which includes a certificate of ownership, a cadastral passport and a plan. All characteristics of a property and information about its owner are entered into a single database, available throughout Russia, which protects the rights of owners at the state level. Also, the task of accounting is to determine the cadastral value of the apartment, which is not a stable indicator, and to calculate taxation. Avoidance of the latter entails serious administrative liability.

registration of ownership rights to housing in a new building;
registration of an apartment that was purchased on the secondary market;
registration of a mortgage at the bank, when you need to present documents to obtain it;
checking the legal purity of a secondary market property;
redevelopment of living space;
resolving conflicts in court.

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We carry out removal and cadastral registration of apartments

“PRAVOZEM” - we have the shortest terms and extensive experience in cadastral registration of residential real estate, including apartments purchased on the primary and secondary market. Both the technical plan and accounting will be completed within 10 days , it is possible to accelerate and receive the technical plan within 3-5 hours.

Registration records for the most part concern not the real estate itself, but the citizens living in it and affects issues of registration or registration. Obviously, before registering in an apartment, it is advisable to register it in your name.
Technical accounting provides for the reflection in documents of the technical characteristics of residential premises and its inventory value in graphic and text form. Based on this information, the compilation of a cadastral passport is already being implemented.
Cadastral registration involves a full description of the apartment, including its technical characteristics and location, as well as the determination of the cadastral value, which is close to the market price of housing and is the basis for calculating real estate taxes from 2020.

What is a cadastral passport (extract)?

Previously, a cadastral passport was issued for apartments, houses, plots and other objects, consisting of two sections and made in A4 format. The first part contained information on the object, and the second part contained graphical data. Starting from 2020, the passport has been replaced with an extract from the Unified State Register of Real Estate, which provides basic information about the property, namely:

Personal apartment number (assigned at the time the property is registered).
Location of housing (address).
The number of floors in the house and the square footage of the apartment.
Year of construction of the building.
Property price. The calculation is carried out taking into account the area of the apartment and the current market price.
Number of balconies and loggias (if any).
Day of the last examination.

See also: How to legalize a house without a building permit?

On the 2nd sheet of the statement there is a graphical representation of the property.

Registration of an apartment for cadastral registration

Registration of an apartment for cadastral registration is not as difficult as it seems at first glance. Cadastral registration is, in its internal essence, not only and not so much the registration of property, real estate including the country, but its accounting and control over it. It doesn't matter who owns it. It is not only registered, but also taken into account.

passport. If a representative acts on your behalf, then a power of attorney is issued to him, naturally certified and only notarized;
registration certificate;
technical plan from BTI. It consists of a descriptive part, that is, the composition of the housing is described in words, and a drawing of the apartment as a whole and the premises separately;
statement. There is a form by which it is filled out;
a receipt confirming that the state duty has been paid by you. It is paid when required. If you have to pay, a receipt accompanies the application.

How to register an apartment in the cadastral register in 2020 - stages and cost of registration

Registration of an apartment for cadastral registration is the process of generating technical and cadastral passports with the subsequent registration of persons registered in the apartment. The result of registering an apartment is the receipt of a cadastral passport. We will look at all the nuances and features of obtaining it in this article.

First of all, you need to make sure whether your apartment is already registered in the cadastral register. Such data can be found on the official website of Rosreestr. If your apartment is already registered, all you have to do is go to the local cadastral office and provide three documents: