Cadastral registration of an apartment building

The legal topic is very complex, but in this article we will try to answer the question “How to register a house in the cadastral register in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

The property will be registered in the cadastral register within 5 working days from the date of registration of the application and documents by Rosreestr, and in the case of cadastral registration based on a map-plan of the territory - 15 working days. If, simultaneously with cadastral registration, property rights to real estate will be registered - within 10 working days from the date of registration of the application. If you submit documents in , the deadline will increase by 2 business days.

  • significantly changed the characteristics (for example, increased the area) of a building or structure on a land plot that you own or that you use on other legal grounds;
  • demolished a building located on such a site, the rights to which were not previously registered in the Unified State Register of Real Estate.

How to submit documents for cadastral registration of real estate?

Veterans of the Great Patriotic War, disabled people of the Great Patriotic War, disabled people of groups I and II can register the rights to their real estate using free. A courier will come to them and accept the application for registration of rights.

If somehow it turned out that the developer handed over the house, did not provide the necessary documents for cadastral registration to the executive authorities, disappeared, and the officials shrugged, there are two options left: to collect the missing documents themselves or to seek a solution to the issue through the court.

The form for contacting the prosecutor's office is the same as for contacting officials, but in addition, in the complaint describing the situation, I recommend indicating that you have already contacted the officials. Write the incoming number of your request and attach a copy of the letter. Add what happened with the last request: that you never received an answer or that officials did not take any action. At the end, you can add the phrase: “I ask you to take prosecutorial response measures” - this is the official wording for such a complaint.

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Solve the issue yourself

The developer's obligations under equity participation agreements are considered fulfilled from the moment the transfer and acceptance certificate is signed. It is possible to sign the act only after permission to put the house into operation has been received. There are no other requirements for the developer, including no requirement to register the house or apartments with the cadastral register.

Hello! You need to contact a cadastral engineer who will prepare a new technical plan on disk. It will need to be submitted to the MFC, where you will subsequently be given documents for the completed house. After this you will be able to register. Or contact the cadre engineer who made the technical plan so that he can give you the disk.

Good afternoon, I have a plot of land dated 2020 under a free use agreement, I submitted a notice for permission, everything was approved, I built a house. Currently undergoing rough finishing. I want to know if I will have problems with registration because there is no water yet. And even after registration, is it possible to use it as collateral?

What to do if the house has already been built, but it does not comply with urban planning standards?

Hello! The technical plan must indicate that the house is being formed from an unfinished construction project, and the cadastral number of the unfinished construction must be indicated. In this case, you will not be required to receive a Notice of Planned Construction.

If there is a mass registration of buildings by neighbors, the Garden Non-Profit Partnership (SNT) can also help with the question of how to register a house on a summer cottage, the chairman of which can submit an application on behalf of all members of the partnership.

What is cadastral registration of apartment buildings?

An apartment building is a real estate object (building) that includes residential and non-residential premises, and common areas. Like other real estate, MKD is subject to registration in Rosreestr. This is necessary so that information about the building and its premises is reflected in the state register of the Unified State Register of Real Estate.

Features of cadastral registration of apartment buildings are as follows:

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  • for apartment buildings put into operation before 2013, registration can be carried out at the request of the owners of the premises, or at the request of the local administration;
  • registration of a new building for cadastral registration can be carried out by the developer or by the owners of the apartment building premises;
  • It is possible to register rights to premises only if the object is registered and its information is reflected in the Unified State Register of Real Estate.

When the apartment building is put into operation, the developer can immediately register the entire building and its entire premises. For this purpose, technical plans for the MKD are drawn up. apartments, non-residential premises. The developer can also transfer documents for the house and premises to buyers (shareholders), who will themselves be registered with Rosreestr.

Expert commentary. Is it necessary to register a house in the cadastral register if it was built before 2013? Such an obligation is not directly established by law. However, without registration, it will be impossible to dispose of common property, participate in state and municipal programs, or exercise other powers. Registration will not affect the rights of owners in any way.

A building permit is issued after an examination and allows the construction of the apartment building to begin. This document is not needed to undergo cadastral registration in Rosreestr.

Regulatory acts

Registration of an apartment building is carried out according to the following governing documents:

  • Law No. 218-FZ () is the basic regulatory act for accounting and registration of real estate in Russia;
  • Housing Code of the Russian Federation () - contains a number of norms on the management of apartment buildings, decision-making by premises owners;
  • Order of the Ministry of Economic Development No. 953 () - according to this regulatory act, a technical plan for apartment buildings and premises is drawn up, which must be submitted to Rosreestr.

Law No. 218-FZ allows the land under the house to be registered in the cadastral register. This decision can be made by the owners of premises in the apartment building, or the developer himself will go through the procedure. To describe the coordinates of the boundaries and characteristics of the local area, it is necessary to order a boundary plan. The form and content of this document is regulated by Order of the Ministry of Economic Development No. 921 ().

No.Basic concepts you need to know to register an apartment building with the cadastral registerDescription
1CommissioningA procedure confirming the completion of construction work on the project and the readiness of the facility for operation. For MKD, upon commissioning, a permit from the State Construction Supervision Authority is issued.
2Technical planThe main document on the basis of which an apartment building, apartments and non-residential premises of an apartment building are placed on cadastral registration with information entered into the Unified State Register of Real Estate. The technical plan is prepared by a cadastral engineer after examining the property.
3Cadastral engineerA professional specialist who has the right to draw up a boundary or technical plan, an inspection report for objects. A cadastral engineer must have a qualification certificate. Information about all engineers is in the Rosreestr database.
4Registration of rightsThe procedure during which Rosreestr enters into the Unified State Register of Real Estate information about the copyright holder of apartments and non-residential premises of MKD. Registration can be carried out simultaneously with cadastral registration, or separately from it.
5Cadastral registration in case of changes in the object.The procedure during which data is entered into the Unified State Register of Real Estate after the reconstruction or redevelopment of apartments and non-residential premises of apartment buildings. For cadastral registration of changes, you need to draw up a technical plan and contact Rosreestr.

How to register an apartment building with cadastral registration

Registration of an apartment building on the cadastre is carried out after its commissioning. To do this, the developer applies to Gosstroynadzor, undergoes an inspection, and receives permission to enter. In some cases, it is possible to register an unfinished construction project (ONC). For example, if a developer goes bankrupt, shareholders can draw up a technical plan for unfinished construction and register the unfinished house. This will allow you to find another company to complete construction, or try to sell the property and return the money. You can learn more about these nuances from the experts of ]Smart Way[/anchor].

Commissioning

To contact a cadastral engineer, you must provide a document confirming commissioning. To do this, the developer applies to Gosstroynadzor, transfers documents, and provides access for inspections of the facility. If the supervisory authority confirms compliance with the design documentation and construction standards, a commissioning permit is issued.

How to register a residential building if it was put into operation before 2013? To do this, you also need to order a technical plan for the building. Since there is most likely no permission for commissioning, the cadastral engineer will check the BTI documentation and other materials. After inspections and coordination of the building, a technical plan will be drawn up.

Expert commentary. It is also possible to register a private house for cadastral registration on the basis of a technical plan. But when contacting a cadastral engineer, it is necessary to submit not a commissioning permit, but a notification from the local administration. This document has been used since 2020 and is issued to the private developer after completion of work.

When the apartment building is completed, it is necessary to put it into operation. For this purpose, the State Construction Supervision Commission conducts surveys and issues permits.

Technical plan

Registration of a multi-apartment residential building or its premises for cadastral registration is impossible without a technical plan. This document is prepared only by a cadastral engineer. You can choose any engineer who has a qualification certificate (their full list is on the Rosreestr website). However, we recommend that you carefully consider your choice, since in case of errors and shortcomings in the technical plan, Rosreestr will issue a refusal. ]Smart Way[/anchor] employs only experienced and reliable engineers who will draw up a technical plan in 1-3 days.

Dacha amnesty

You cannot build residential buildings on a garden plot, but you can only grow cucumbers, strawberries and, for example, potatoes. Until January 1, 2020, the only buildings on a garden plot could be a non-permanent object, such as a greenhouse, gazebo or toilet. Then this was allowed in the definition of garden plots.

Until March 1, 2020, you can legalize a garden house using a simplified procedure

The notification may not be submitted. If you are building a house on a garden or dacha plot, the technical plan can be drawn up without notification - until March 1. Because it was possible to build on garden plots without permits before. But if there is no notification, the application for registration is submitted not by the authority, but by the one who is building. Which method to choose, decide for yourself. If you are already under construction and do not have a technical plan yet, it is better to submit a notice of the start of construction. Otherwise, there may be problems with registration later.

  1. if an incomplete set of documentation is provided;
  2. if, according to the Unified State Register of Real Estate or other documents, the registered ownership of the building is not confirmed;
  3. if the intended purpose of the land plot does not allow the construction of objects for permanent residence.

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Garden or country house up to 50 sq. meters of total area are not subject to taxation. The footage will be confirmed by cadastral information from the Unified State Register of Real Estate and an extract. If the area of ​​the registered property is more than 50 sq.m., it can be excluded when calculating property tax in the declaration.

Registration of garden houses according to Law No. 217-FZ

Documents recognizing a garden house as a residential building must be submitted directly to the local government authority, or through MFC institutions. The period for reviewing the documentation cannot exceed 45 days, after which the owner will receive a decision in writing.

Buildings erected on land plots must be registered in the state database. After registration in the cadastral register, you can register ownership as private property and make legal transactions.

Registration of an apartment in an apartment building

Apartments in a new building can be purchased by DDU, by purchase and sale, by privatization, by inheritance, by gift. If at the time of the transaction the residential premises are already registered in Rosreestr, there is no need to go through this procedure again. If accounting has not been carried out, the owner of the apartment can go through this procedure in the following ways:

  • registration of a privatized apartment in the cadastral register is carried out simultaneously with the registration of rights to citizens;
  • for an apartment in a newly constructed building, accounting is carried out by the developer, or when registering rights to the shareholder, the buyer;
  • in old houses built before 2013, the sale of an apartment before cadastral registration is prohibited (but the procedure can be carried out along with registration of the transaction).

There is no need to re-register for subsequent transactions. However, this is required when carrying out redevelopment or reconstruction work. When the characteristics of an apartment or non-residential premises change, the corresponding changes must be made to the Unified State Register of Real Estate. To do this, you need to order a technical plan, contact Rosreestr or the MFC.

Registration of a country house as a property 2020, step-by-step instructions

Until March 1, 2020, only a house for which a building permit had been issued could be recognized as a residential building, and if documents were issued for it before March 1, 2020, then permission to put the facility into operation was not required.

Why register a country house if you own the land?

While the bill is being considered and has not entered into legal force, registration of residential and garden houses is carried out by receiving notifications from the administration. But after the bill comes into force, it will be possible to register garden houses again using a simplified system until March 1, 2020.

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For land plots, the “dacha amnesty” has been extended until 2020. However, it is advisable to immediately submit documents to register rights to land and buildings, since this is an interconnected process. When submitting notifications for individual housing construction and the construction of buildings, citizens will still have to prove the legality of land ownership, survey the site and determine its boundaries.

What documents are needed for cadastral registration of a house and apartment?

Registration of a capital construction project or premises is carried out using the following documents:

  • statement;
  • technical plan;
  • legal document;
  • notification (for individual housing construction);
  • citizen's passport or organization registration documents.

Cadastral registration of land plots for apartment buildings is carried out on the basis of a boundary plan. Also, Law No. 218-FZ allows for the entry of data into the Unified State Register of Real Estate on the basis of a judicial act. For example, in case of bankruptcy of a developer, you can obtain registration of rights through the court. Samples of the main documents that will be required to apply to Rosreestr can be found in the table below.

Cadastral registration must also be carried out after redevelopment in the premises of apartment buildings. The basis for such work is the project.

Deadlines for cadastral registration in 2020

The deadline for registering a house with cadastral registration by the developer or the owner does not differ. According to Art. 16 of Law No. 218-FZ, all procedures will be completed in Rosreestr within 7 days. When submitting documents through the MFC, this period will be 9 days. If registration and registration of an apartment building, apartment or non-residential premises is carried out at the same time, the period for issuing an extract from the Unified State Register will be 10 days (through Rosreestr) or 12 days (through the MFC).

How to register a house under the dacha amnesty in 2020-2020: step-by-step instructions for simplified house registration

Those. when a technical plan is needed, the owner of the house enters into an agreement with the cadastral engineer for its production. To register a house for cadastral registration, a technical plan is drawn up in electronic form. As a result of providing the service, the contractor will provide the customer with an electronic version of the technical plan on disk.

Objects covered by the state program

Whatever the owner wants to do with his property in the future, it is necessary that such an object be registered with the state cadastral register. How to understand whether an object is registered in the cadastral register? It's easy. On the Rosreestr website, in the “Reference Information” section, search for the address of the object of interest. If the information appears, it means it is. And if not, then the owner will have to collect documents to register it.

Since the notification law came into force on August 4, 2020, it applies to those houses that began to be built after this date. Before this, according to the rules, it was not always possible to build without permits.

What to do after cadastral registration

After receiving the EGRN extract, the owner decides what to do with the apartment or non-residential premises. An object can be excluded from the Unified State Register only if it loses its physical existence. For apartment buildings, this may be demolition due to emergency conditions, destruction due to emergency situations. Premises are deregistered after division or merger, or upon demolition of the main building.

List of useful documents

Documents for download:

No.LinksDescription
1Sample technical specifications for construction, reconstruction
2Sample application for issuing a permit for the construction of an apartment building
3Sample technical plan for registering a building or premises
4Sample application for cadastral registration
5

Sample USRN extract
6Sample application for a commissioning permit
7Sample application for project examination
8Recommendations for preparing design documentation for examination

Services and prices

If you don’t know how to put a residential building or apartment on the cadastre, contact ]Smart Way[/anchor]. We will not only draw up a technical and boundary plan, but also provide support at all stages of the procedure. If necessary, we will prepare design documents for transactions. See the table for preliminary prices for services and documents. The exact cost can be agreed upon with our specialists.

No.Service, documentPrice
1Construction designfrom 300,000 rub. (depending on the area and features of the building)
2Support of the commissioning procedurefrom 125,000 rub. (depending on the area and features of the object)
3Preparation of a technical planfrom 80,000 rub.
4Support of the cadastral registration procedure in Rosreestr or MFCfrom 50,000 rub.
5Representation in courts to obtain a decision and cadastral registrationfrom 30,000 rub.

How to register a country house in 2020: procedure, documents and whether it needs to be done

To confirm such compliance, a special commission is held. The whole procedure takes approximately 40 days, after which the owner receives an inspection report, on the basis of which he registers his country house.

How can you register a country house as your property – registration deadlines

There is only one significant drawback of such innovations - the possibility of registration only in conjunction with cadastral registration. This involves the need to contact a cadastral engineer and enter the object into the register, which involves additional costs.

So, in order to register a building for cadastral registration, you need to submit an application for cadastral registration to the MFC or Rosreestr, documents on payment of state fees and a technical plan of the building, prepared and signed by a cadastral engineer.

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